# Bennett v. State

> Court of Criminal Appeals of Texas · April 20, 1938 · 136 Tex. Crim. 192

URL: https://www.frixlaw.com/law-library/cases/3936835

## Case

- **Full name:** Jim Bennett v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** April 20, 1938
- **Citations:** 136 Tex. Crim. 192; 124 S.W.2d 359; 1938 Tex. Crim. App. LEXIS 38
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Christian
- **Judges:** Graves, Christian
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3936835

## Opinion text

Christian, Judge.
The offense is an aggravated assault upon an officer in the lawful discharge of the duties of his office; the punishment, a fine of $300.00 and confinement in jail for 6 months.
While it appears that notice of appeal was given, there is nothing to show that said notice was recorded in the minutes of the court, as required by law. See Art. 827, C. C. P. This should appear from a certificate of the clerk, but in the present instance it merely appears that the instrument containing notice of appeal was filed. The appeal must be dismissed. Carre v. State, 75 S. W. (2d) 265 .
The appeal is dismissed.
The foregoing opinion of the Commission of Appeals has
*194
been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3936835. Public record. Not legal advice.