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Kimmons v. State

Court of Criminal Appeals of Texas
Dec 22, 1943
176 S.W.2d 321 (Tex. Crim. App. 1943)

Opinion

No. 22683.

Delivered December 22, 1943.

Record — Appeal Dismissed.

The appeal was dismissed, where the record in the case had no caption showing when the term of court began and closed, there were no bills of exception or statement of facts, the bond was an appearance bond to the district court, and no recognizance or appeal bond, bringing the case to the Court of Criminal Appeals, appeared in the record, and, though the record contained a copy of notice of appeal addressed to and signed by the county judge, it did not appear that it had been entered of record.

Appeal from County Court of Coryell County. Hon. Floyd Zeigler, Judge.

Appeal from an adverse judgment.

Appeal dismissed.

The opinion states the case.

No attorney for appellant.

Spurgeon E. Bell, State's Attorney, of Austin, for the State.


The record in the case has no caption showing when the term of court began and closed. There are no bills of exception and no statement of fact. The bond is an appearance bond to the district court, and no recognizance or appeal bond bringing the case to this court appears in the record. There is no proper notice of appeal entered in the record. We find the copy of a paper addressed to the county judge giving notice of appeal, and this paper is likewise signed by the county judge without showing that it was entered of record. Other irregularities appear which are not mentioned, because this court has no jurisdiction to pass upon them.

The appeal is dismissed.


Summaries of

Kimmons v. State

Court of Criminal Appeals of Texas
Dec 22, 1943
176 S.W.2d 321 (Tex. Crim. App. 1943)
Case details for

Kimmons v. State

Case Details

Full title:A. J. KIMMONS v. THE STATE

Court:Court of Criminal Appeals of Texas

Date published: Dec 22, 1943

Citations

176 S.W.2d 321 (Tex. Crim. App. 1943)
176 S.W.2d 321