Anderson v. State
Court of Criminal Appeals of Texas
1Opinion of the Court
MORRISON, Presiding Judge.
The offense is driving while intoxicated; the punishment, three months in jail and a fine of $50.00.
The notice of appeal found in the transcript consists only of an instrument filed with clerk of the court. It is well recognized law in this state that notice of appeal must be given in open court and entered on the minutes of the court. This court has consistently held that a notation on the court’s docket is not sufficient. Williams v. State, 272 S.W. 2d 115. We must therefore hold that an instrument merely filed with the clerk is also insufficient.
In the absence of…
2Cases cited5 opinions
- Tarwater v. StateCourt of Criminal Appeals of Texas · 1954
- Tarwater v. StateCourt of Criminal Appeals of Texas · 1954
- McCutcheon v. StateCourt of Criminal Appeals of Texas · 1952
- Palacio v. StateCourt of Criminal Appeals of Texas · 1955
- Williams v. StateCourt of Criminal Appeals of Texas · 1954
3Cited by4 opinions
- Brown v. StateCourt of Criminal Appeals of Texas · 1958
- Hanes v. StateCourt of Criminal Appeals of Texas · 1958
- Tinajero v. StateCourt of Criminal Appeals of Texas · 1962
- Tinajero v. StateCourt of Criminal Appeals of Texas · 1962