Bagley v. State

HAWKINS, Judge.

Judge. — Conviction is for theft of property less than five dollars in value, the punishment assessed being a fine of ten dollars.

In the transcript the verdict of the jury is copied, and immediately after the verdict we find the following: “To which the defendant excepted and gives notice of appeal. Vance Swain, County Judge.”

Article 827, C. C. P., makes a notice of appeal given in open court and “entered of record” a prerequisite of appeal. There is no showing in the transcript that notice of appeal was ever carried into the minutes of the court. A docket entry alone would not…