Opinion
No. 24262.
February 9, 1949.
1. — Jurisdiction — Record — Notice of Appeal.
The transcript must contain notice of appeal, as required by Art. 827 C. C. P., in order to confer jurisdiction on the court of criminal appeals.
2. — Appeal — Notice Of — Not In Record.
Where record contains no notice of appeal, state's motion to dismiss the appeal must be granted and the appeal dismissed.
Intoxicating liquor. Appeal from the county court of Erath County; penalty, fine of $100.
Hon. J. O. Garrett, Judge Presiding.
Appeal dismissed.
No attorney of record on appeal for appellant.
Ernest S. Goens, State's Attorney, Austin, for the state.
The conviction is for the unlawful sale of intoxicating liquor in a dry area. The penalty assessed is a fine of $100.00.
The State's Attorney before this court has filed a motion to dismiss the appeal for the reason that the transcript contains no notice of appeal as required by Article 827, C. C. P., in order to confer jurisdiction herein.
The state's motion to dismiss is granted, and the appeal is ordered dismissed.