Legal Opinion

Clark v. State

Court of Criminal Appeals of Texas

Decided March 9, 1949No. 24299PublishedCited by 2 opinions

1Opinion of the Court

KRUEGER, Judge.

The offense is possession of whiskey in a dry area for the purpose of sale. The punishment assessed is a fine of one hundred dollars.

This record comes before us without any notice of appeal, in the absence of which this court did not acquire jurisdiction. It is the well recognized law in this state that notice of appeal must be given in open court and entered on the minutes of the court. Merely a notation on the court’s docket is not sufficient. See Scott v. State, 135 Tex. Cr. R. 324 (119 S. W. 2d 884); Bell v. State, 111 Tex. Cr. R. 456 (15 S. W. 2d 9); Sheffield v. State, 57…

2Cases cited16 opinions

  1. Bennett v. StateCourt of Criminal Appeals of Texas · 1938
  2. Crozier v. StateCourt of Criminal Appeals of Texas · 1941
  3. Scott v. StateCourt of Criminal Appeals of Texas · 1938
  4. Bailey v. StateCourt of Criminal Appeals of Texas · 1941
  5. Bell v. StateCourt of Criminal Appeals of Texas · 1929

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3Cited by2 opinions

  1. Williams v. StateCourt of Criminal Appeals of Texas · 1954
  2. Reeves v. StateCourt of Criminal Appeals of Texas · 1953

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