Legal Opinion

Cockrell v. State

Court of Criminal Appeals of Texas

Decided December 10, 1958No. 30228Published

1Opinion of the Court

DAVIDSON, Judge.

The offense is burglary, with punishment affixed at five years in the penitentiary.

The notice of appeal herein appears only as a docket entry upon the trial court’s docket; it is not shown to have been entered of record in the minutes of the court.

We have repeatedly held that a valid notice of appeal must be entered of record and that a docket entry is not sufficient. Art. 827, Vernon’s Ann.C.C.P.; Martinez v. State, 157 Tex.Cr.R. 91, 246 S.W.2d 633; Keilmann v. State, 162 Tex.Cr.R. 603, 288 S.W.2d 113.

The appeal is dismissed.

2Cases cited2 opinions

  1. Martinez v. StateCourt of Criminal Appeals of Texas · 1951
  2. Keilmann v. StateCourt of Criminal Appeals of Texas · 1956