Opinion
No. 20211.
Delivered February 22, 1939.
1. — Notice of Appeal and Sentence — Jurisdiction.
Notice of appeal and sentence against defendant are indispensable to give jurisdiction to Court of Criminal Appeals.
2. — Appeal Dismissed — Notice of Appeal and Sentence.
Where the transcript failed to show notice of appeal or sentence against defendant, appeal was dismissed.
Appeal from District Court of Gregg County. Hon. D. S. Meredith, Jr., Judge.
Appeal from conviction for forgery and passing a forged instrument, under an indictment alleging that defendant had been twice theretofore convicted of felonies of like character in order to invoke the habitual criminal statute; penalty, life imprisonment.
Appeal dismissed.
The opinion states the case.
Gossett, Gossett King, of Longview, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Appellant was charged by indictment with forgery and passing a forged instrument, and by further averments in the indictment it was alleged that he had been twice theretofore convicted of felonies of like character in order to invoke the habitual criminal statute. Judgment was entered against appellant fixing his punishment at life imprisonment in the penitentiary.
The record is before this court without a statement of facts. We observe, however, that the transcript shows no notice of appeal nor sentence against appellant. Both are indispensable to give this court jurisdiction.
The appeal is dismissed.