Opinion

Beasley v. State

  • 144 Tex. Crim. 369
  • 162 S.W.2d 964
  • 1942 Tex. Crim. App. LEXIS 347
Court
Court of Criminal Appeals of Texas
Filed
Apr 29, 1942
Status
Published
Author
Graves
On the bench
Krueger, Graves
Cited by
2 cases
Authority
More cited than 69.9%

The opinion

GRAVES, Judge.

Appellant was convicted of a violation of the local option liquor laws of Cherokee County, and his punishment assessed at a fine of $500.00.

There does not appear in the record of the minutes of the trial court any notice of appeal to this court. It is shown by a supplemental transcript that there was a notice of appeal entered on the judge’s trial docket, but same does not appear to have been passed into the minutes of the court.

Art. 827, C. C. P. reads in part as follows:

“An appeal is taken by giving notice thereof in open court at the term of court at which conviction is had, and having the same entered of record. * *

We early held in the case of Long v. State, 3 Tex. Ct. App. 321 , that the entry on the judge’s docket will not, supply the place of, or supersede the necessity for, an entry upon the record. Forrest v. Rawlings, 40 Texas, 502 ; Bryson v. State, 20 S. W. (2d) 1047 .

Again in Thackerson v. State, 26 S. W. (2d) 241 , it was held that a copy- of docket entry in the record on appeal was an insufficient notice of appeal, and many other cases in Pocket Edition, Vol. 3, Vernon’s Code Criminal Procedure, under Art. 827.

The appeal is therefore dismissed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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