Court of Criminal Appeals of Texas, 1960

Broome v. State

Broome v. State
Court of Criminal Appeals of Texas · Decided March 30, 1960 · Davidson, Dice
335 S.W.2d 608; 169 Tex. Crim. 514; 1960 Tex. Crim. App. LEXIS 3000 (South Western Reporter, Second Series)

Broome v. State

Opinion of the Court

DICE, Commissioner.

The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $50.

The notice of appeal recites that the defendant gave notice of appeal to the Court of Civil Appeals at Austin, Texas.

Such notice is not in compliance with Art. 827, Vernon’s Ann.C.C.P. and is similar to the notice of appeal given in Bain v. State, Tex.Cr.App., 335 S.W.2d 607, which was held insufficient to confer jurisdiction upon this court.

For such reason the State’s motion to dismiss the appeal is granted and the appeal is dismissed.

Opinion approved by the court.

Dissenting Opinion

DAVIDSON, Judge

(dissenting).

For the reason assigned in my dissenting opinion in Ford v. State, Tex.Cr.App., 335 S.W.2d 606, I enter my dissent here, in so far as applicable.

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