Scott v. State

DAVIDSON, Judge.

This is a conviction for keeping a bawdy house; the punishment, a fine of $200 and 20 days in jail.

The record contains no notice of appeal. The state moves to dismiss the appeal because of such fact.

In reply, appellant insists that the record affirmatively reflects that his motion for new trial has not been passed upon but is pending, undisposed of, in the trial court. He urges, therefore, that there is no final judgment against him from which he can give notice of appeal. He would have us so hold.

This contention is based upon the provisions of Art. 755, C. C. P., as amended…