Opinion
No. 19732.
Delivered April 13, 1938. Rehearing denied May 18, 1938.
Attempted Appeal Dismissed — Appeal (Notice of).
Where the record fails to show that notice of appeal was given and entered on the minutes of the trial court, the Court of Criminal Appeals is without jurisdiction, and, in absence thereof, attempted appeal will be dismissed.
Appeal from the County Court of Cherokee County. Hon. J. W. Chandler, Jr., Judge.
Appeal from conviction for possessing liquor for sale in a dry area; penalty, fine of $150 and confinement in county jail for sixty days.
Attempted appeal dismissed.
The opinion states the case.
Gray Pope, of Tyler, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction is for possession of liquor for purpose of sale in dry area; punishment, a fine of $150.00 and confinement in the county jail for sixty days.
The record fails to show that notice of appeal was given and entered upon the minutes of the trial court. In the absence of such a showing, this Court is without jurisdiction to hear and determine matters sought to be presented for review. See Long v. State, 3 Tex.Crim. Rep.; Lenox v. State, 55 Tex. Crim. 259; Roberts v. State, 99 Tex.Crim. Rep.; Article 827, C. C. P.
The attempted 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.
ON MOTION TO REINSTATE APPEAL.
Appellant offers us nothing new in his motion for a rehearing. It is our opinion that the cause was properly disposed of in our original opinion herein. Therefore his motion is overruled.