Barbee v. State

OPINION

DICE, Judge.

The conviction is under Art. 430, Vernon’s Ann.P.C., for the offense of barra-try; the punishment, fifteen days in jail and a fine of $300.

'The state moves to dismiss the appeal on the ground that notice of appeal was not given after pronouncement of sentence, as required by Art. 44.08(c) of the Code of Criminal Procedure.

The record reflects that notice of .appeal was given on the same day that sentence was pronounced. In the absence of an affirmative showing to the contrary, as in Hollingsworth v. State, Tex.Cr.App., 419 S.W.2d 854, relied upon by the state, it will be…