Sumner v. State

The offense is driving wiiile intoxicated; the punishment, ten days in jail and a fine of $300.00.

As required by Article 827, V.A.C.C.P., the record does not reflect that a notice of appeal was given and entered of record. In the absence thereof, this court has no jurisdiction to entertain the appeal.

The appeal is dismissed.

ON MOTION TO REINSTATE APPEAL

DICE, Judge.

It is now shown that notice of appeal was given and entered of record. Therefore, the appeal is reinstated and will be considered.

The evidence is undisputed that the appellant, while driving a pick-up truck on a public highway in…