Tarwater v. State

DAVIDSON, Judge.

This is a conviction for attempting to pass a forged instrument ; the punishment, two years in the penitentiary.

*60As reflected by the record before us, a notice of appeal was given and filed when the motion for new trial was overruled on October 20, 1953; the record also reflects that ten days later (on October 30, 1953), a written notice of appeal was filed together with the trial court’s order committing appellant to jail on failure to enter into a recognizance pending the decision of this court.

Under the provisions of Sec. 4 of Art. 759a, C. C. P., the statement of facts must…