Sheegog v. State
Court of Criminal Appeals of Texas
The Assistant Attorney-General filed a motion to dismiss the appeal, “because it appears from the record herein that no notice of appeal was given in the court a quo, and hence this court has no jurisdiction.”
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The Assistant Attorney-General filed a motion to dismiss the appeal, “because it appears from the record herein that no notice of appeal was given in the court a quo, and hence this court has no jurisdiction.” In reply to this motion appellant filed the following certified copy of a nunc pro tunc judgment entered in the trial court: The State of Texas v. B. W. Sheegog, No. 2514-. March 15, 1898.— This day came on to be heard the motion in writing of the defendant filed herein, asking that his notice of appeal given in this cause in open court on June 11, 1897, as appears from a memorandum on…
1Opinion of the Court
HEHDERSOH, Judge.
Appellant was convicted of libel. Motion is made by the Assistant Attorney-General to dismiss the appeal because the record does not contain a notice of appeal. An inspection of the record shows this to be true. Since the filing of the record and motion to dismiss appeal, appellant secured the entry on the minutes of the trial court of a judgment nunc pro tunc, showing that notice of appeal was given in the court below. We can not consider the notice as contained in said judgment nunc pro tunc. After a record is filed in this court, the trial court has lost all jurisdiction…
2Cases cited3 opinions
- Quarles v. StateCourt of Criminal Appeals of Texas · 1897
- Lewis v. StateCourt of Criminal Appeals of Texas · 1895
- Youngman v. StateCourt of Criminal Appeals of Texas · 1897
3Cited by5 opinions
- Acuff v. StateCourt of Criminal Appeals of Texas · 1924
- Acuff v. StateCourt of Criminal Appeals of Texas · 1923
- Cockrell v. StateCourt of Criminal Appeals of Texas · 1921
- Dewberry v. StateCourt of Criminal Appeals of Texas · 1955
- Mayhew v. StateCourt of Criminal Appeals of Texas · 1913