Smith v. State

DAVIDSON, Judge.

The offense is burglary; the punishment, twelve years in the state penitentiary.

The former opinion of this court, affirming the judgment of the trial court, is withdrawn and the appeal is dismissed, because no notice of appeal appears to have been given as re-« quired by law. Art. 827, C. C. P., provides:

“An appeal is taken by giving notice thereof in open court at the term of court at which conviction is had, and having the same entered of record. — — — — — — — — —

The sole and only showing in this record by which it might be contended that notice of appeal was given is the…