Opinion
No. 20369.
Delivered April 19, 1939.
Appeal Dismissed — Jurisdiction.
Where the record fails to show that appellant gave notice of appeal from conviction, Court of Criminal Appeals was without jurisdiction and attempted appeal would be dismissed.
Appeal from District Court of Walker County. Hon. Terry Dickens, Judge.
Appeal from conviction for aiding a prisoner to escape; penalty, confinement in penitentiary for two years.
Appeal dismissed.
The opinion states the case.
M. E. Gates, of Huntsville, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is aiding a prisoner to escape; the punishment, confinement in the penitentiary for two years.
The record fails to show that appellant gave notice of appeal. In the absence of such notice this court is without jurisdiction.
Attention is called to the fact that no indictment is disclosed by the transcript.
The appeal is dismissed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.