Opinion
No. 19905.
Delivered November 9, 1938. On Motion to Reinstate Appeal February 8, 1939. Rehearing Denied (Without Written Opinion) March 8, 1939.
1. — Notice of Appeal — Jurisdiction.
It is necessary that the notice of appeal be entered in minutes of the trial court and such be shown in the record for jurisdiction of the Court of Criminal Appeals to attach.
ON MOTION TO REINSTATE APPEAL.2. — Notice of Appeal — Statement of Facts.
Statement of facts filed 98 days after notice of appeal was given could not be considered by appellate court on appeal.
Appeal from District Court of Trinity County. Hon. Max M. Rogers, Judge.
Appeal from conviction for theft of one head of cattle; penalty, confinement in penitentiary for two years.
Affirmed.
The opinion states the case.
J. B. Clegg, of Trinity ( Warren W. Moore, of Austin, of counsel) for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Appellant was convicted of the theft of one head of cattle, and sentenced to serve two years in the penitentiary therefor.
We find from the record that the notice of appeal to this court does not show to have been entered in the minutes of the trial court. It is necessary that such notice of appeal be passed into the minutes of said court, and such be shown in the record. This appeal will, therefore, be dismissed.
ON MOTION TO REINSTATE APPEAL.
The record having been perfected, the appeal will be reinstated and the case considered on its merits.
It appears from the record that notice of appeal was given on March 24, 1938. The statement of facts accompanying the transcript was filed on June 30, 1938, which was 98 days after notice of appeal. Thus, the filing was too late. Under the terms of Art. 760, C. C. P., the statement of facts must be filed within 90 days from the date notice of appeal is given.
In the absence of the statement of facts and bills of exception, nothing is presented for review which would authorize this court in interfering with the conviction.
The judgment is affirmed.