Court of Criminal Appeals of Texas, 1936

Ray v. State

Ray v. State
Court of Criminal Appeals of Texas · Decided March 4, 1936 · Morrow
91 S.W.2d 740; 130 Tex. Crim. 28; 1936 Tex. Crim. App. LEXIS 75 (South Western Reporter, Second Series)

Ray v. State

Opinion of the Court

MORROW, Presiding Judge.

The conviction is for negligent homicide; penalty assessed at a fine of fifty dollars.

The record contains no such notice of appeal as will confer jurisdiction upon this court to consider the appeal. Art. 827, C. C. P., requires that the notice of appeal be entered of record. The transcript shows a docket entry of a notice of appeal but it is not shown that this was ever entered upon the minutes of the court. The decisions are to the effect that the docket entry of notice of appeal, not carried into the minutes of the court, is insufficient notice of appeal to vest the appellate court with jurisdiction. See Casey v. State, 32 S. W. (2d) 461; Bagley v. State, 70 S. W. (2d) 177; Carre v. State, 75 S. W. (2d) 256.

Upon the record before us, the appeal is dismissed.

Dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.