Cockrell v. State

Court of Criminal Appeals of Texas
Cockrell v. State, 318 S.W.2d 640 (Tex. Crim. App. 1958)
1958 Tex. Crim. App. LEXIS 4804
Davidson

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.

Reference

Full Case Name
W. T. COCKRELL v. The STATE of Texas
Status
Published