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Thweatt v. StateThweatt v. State

Court of Criminal Appeals of Texas
Oct 10, 1928
No. 12191.
Reporters:
, ,
Before:
Christian
CHRISTIAN, Judge.

The’ offense is unlawfully carrying a pistol; the punishment a fine of $100.00.

Proper notice of appeal was not given. In the order overruling the motion for a new trial it is recited that appellant upon the overruling of the motion “then and there in open court gave notice of appeal.” Whether such appeal be to this court or some other court does not appear. Hill v. State, 300 S. W. 70. Without proper notice of appeal this court is without jurisdiction. Article 827 C. C. P.; Davidson v. State, 285 S. W. 831.

The appeal is dismissed.

Dismissed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of -Criminal Appeals and approved by the Court,

Case Details

Case Name: Thweatt v. State
Court Name: Court of Criminal Appeals of Texas
Date Published: Oct 10, 1928
Citations: 9 S.W.2d 1042; 110 Tex. Crim. 603; 1928 Tex. Crim. App. LEXIS 710; No. 12191.
Docket Number: No. 12191.
Court Abbreviation: Tex. Crim. App.
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