Armstrong v. State

Offense, swindling; penalty, a fine of $75 and 30 days in the county jail.

The term of court at which appellant was convicted is shown in the caption of the transcript on file to have ended on the 22d day of December, 1928. Notice of appeal to this court was given on the 1st day of January, 1929.

Article 827, C. C. P., provides in part: “An appeal is taken by giving notice thereof in open court at the term of court at which conviction is had, and having the same entered of record.” Unless such notice of appeal is given at the term of court during which appellant was convicted, this oourt is…