Court of Criminal Appeals of Texas, 1958

Cockrell v. State

Cockrell v. State
Court of Criminal Appeals of Texas · Decided December 10, 1958 · Davidson
318 S.W.2d 640; 1958 Tex. Crim. App. LEXIS 4804 (South Western Reporter, Second Series)

Cockrell v. State

Opinion of the Court

DAVIDSON, Judge.

The offense is burglary, with punishment affixed at five years in the penitentiary.

The notice of appeal herein appears only as a docket entry upon the trial court’s docket; it is not shown to have been entered of record in the minutes of the court.

We have repeatedly held that a valid notice of appeal must be entered of record and that a docket entry is not sufficient. Art. 827, Vernon’s Ann.C.C.P.; Martinez v. State, 157 Tex.Cr.R. 91, 246 S.W.2d 633; Keilmann v. State, 162 Tex.Cr.R. 603, 288 S.W.2d 113.

The appeal is dismissed.

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