Bain v. State
Bain v. State
Opinion of the Court
The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $50.
The notice of appeal appearing in the transcript recites that the “defendant in open court gave notice of appeal to the Court of Civil Appeals, Austin, Texas.”
The more recent decisions holding that the statute does not require the notice of appeal to specify the court to which notice of appeal is given recognize that the statute must be strictly complied with. Braun v. State, 158 Tex. Cr. R. 394, 257 S.W. 2d 708; Blackman v. State, 20 S.W. 2d 783; Casey v. State, 116 Tex. Cr. R. 111, 32 S.W. 2d 461.
Such holdings are consistent with Ex parte Moore, supra, which has not been overruled. See also Ayers v. State, 66 Tex. Cr. R. 281, 146 S.W. 171; Thomas et al v. State, 56 Tex. Cr. R. 246, 119 S.W. 846.
The appeal is dismissed.
Dissenting Opinion
(dissenting).
For the reason assigned in my dissenting opinion in Ford v. State, No. 31,629, (page 518 this volume), 335 S. W. 2d 606, this day decided, I enter my dissent here, in so far as applicable.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.