268 S.W. 160 | Tex. Crim. App. | 1924
Lead Opinion
This is an appeal from the district court of Jefferson County remanding appellant to custody. He had obtained *100 a hearing by habeas corpus before the district court, asserting the invalidity of his confinement.
There appears in the record no notice of appeal given from the judgment of the court remanding appellant. In order to manifest dissatisfaction of the accused with the order and judgment of the trial court, and to set forth his desire that an appeal be taken, it is uniformly necessary that notice of appeal must be given. This is true in appeals in habeas corpus cases. Ex parte Barrier, 17 Texas Crim. App., 585.
The appeal will be dismissed.
Dismissed.
Addendum
Appellant files a motion for rehearing seeking to have this case reinstated following a former judgment of this court dismissing the appeal. As supporting the motion for rehearing, appellant presents certified copies of docket orders made by the trial court with reference to notice of appeal. The motion for rehearing will be overruled. Since Long v. State, 3 Texas Crim. App., 321, it has been the established rule and this court's interpretation of the law that notice of appeal must be entered in the minutes and that a mere showing of a docket entry is not sufficient. The matter is discussed at some length in Suesbey v. State, 72 Tex.Crim. Rep.. For the reasons therein stated, the motion for rehearing will be overruled.
Overruled.