Fortner v. State

ON MOTION TO REINSTATE APPEAL.

MORROW, Presiding Judge.

On March 8, 1933, a dismissal was ordered for want of jurisdiction, there appearing in the record no notice of appeal. A motion to reinstate the appeal was filed, accompanied by a copy from the judge’s trial docket stating that notice of appeal was given as indicated in the original opinion. The matter is controlled by article 827, C. C. P., 1925, in which it is said in substance that if notice of appeal is given but not entered of record, then by making proof of such fact, the judge trying the case shall cause the notice to be entered in…