Court of Criminal Appeals of Texas, 1957

Spell v. State

Spell v. State
Court of Criminal Appeals of Texas · Decided January 2, 1957 · Morrison
297 S.W.2d 168; 1957 Tex. Crim. App. LEXIS 2953 (South Western Reporter, Second Series)

Spell v. State

Opinion of the Court

MORRISON, Presiding Judge.

The offense is murder-without malice; the punishment, three years.

The so-called notice of appeal which appears in the record before us reads as follows:

“I hereby waive a motion for new trial and agree that the Court may sentence me on this date; however, I reserve my right to appeal my case on the record.”

This is not sufficient to confer jurisdiction upon this Court. Donegan v. State, 89 Tex.Cr.R. 193, 230 S.W. 166. Texas Digest, Criminal Law,

The appeal is dismissed.

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