Legal Opinion

Tarkenton v. State

Court of Criminal Appeals of Texas

Decided November 29, 1939No. 20,595PublishedCited by 4 opinions

The opinion states the case.

1Opinion of the Court

Conviction is for attempting to pass a forged instrument, punishment being two years in the penitentiary.

The original transcript failed to show any notice of appeal as required by Art. 827 C. C. P. By a supplemental transcript now before us there is shown a "docket entry" by the trial judge stating that notice of appeal was given, but it does not appear that such order was carried into the court's minutes. It has been held many times that the docket entry is not a "record" entry as required by Art. 827. See 4 Tex. Jur., Sec. 123, p. 172, and cases there cited; also Lenox v. State,55 Tex.…

2Cases cited4 opinions

  1. Lenox v. StateCourt of Criminal Appeals of Texas · 1909
  2. Bryson v. StateCourt of Criminal Appeals of Texas · 1929
  3. Haynie v. StateCourt of Criminal Appeals of Texas · 1922
  4. Thackerson v. StateCourt of Criminal Appeals of Texas · 1930

3Cited by4 opinions

  1. Tyson v. StateCourt of Criminal Appeals of Texas · 1941
  2. Ash v. StateCourt of Criminal Appeals of Texas · 1947
  3. Griffith v. StateCourt of Criminal Appeals of Texas · 1962
  4. Lieb v. StateCourt of Criminal Appeals of Texas · 1955

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