McDougall v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Kerr. Tried below before Hon. Thomas M. Paschal. This prosecution was instituted by complaint in the Mayor’s Court of the city of Kerrville, for simple assault. At his trial in said court, appellant was convicted, and his punishment assessed at a fine of $5 and costs.
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Appeal from the District Court of Kerr. Tried below before Hon. Thomas M. Paschal. This prosecution was instituted by complaint in the Mayor’s Court of the city of Kerrville, for simple assault. At his trial in said court, appellant was convicted, and his punishment assessed at a fine of $5 and costs. He endeavored to appeal his case to the District Court, but in the latter court, upon motion of the county attorney, his appeal was dismissed, because he had failed to have his notice of appeal entered upon the docket, of the court below; and from that judgment this appeal is prosecuted.
1Opinion of the Court
DAVIDSON, Judge.
Appellant having been convicted in the Justice Court, sought to prosecute his appeal to the District Court. Upon motion of the county attorney, the appeal was dismissed in the latter court, because the transcript did not show that notice of appeal was given in the former court, and entered upon its docket. In support of his motion for new trial in the District Court, the defendant offered to prove that he in fact did give the required notice, but it was not entered upon the docket. The evidence was rejected. The ruling was correct. The no tice of appeal must be given, “ and…
2Cases cited1 opinion
- Ball v. StateCourt of Criminal Appeals of Texas · 1892
3Cited by2 opinions
- Truss v. StateCourt of Criminal Appeals of Texas · 1897
- Johnson v. StateCourt of Criminal Appeals of Texas · 1914