Brown v. State

By an affidavit of the County Clerk filed in this Court, the appellant seeks to show that he gave notice of appeal. The clerk's affidavit recites that the trial court's docket sheet reflects that the appellant gave notice of appeal in open court on August 26, 1965. This does not meet the requirements of Art. 827, C.C.P., which was in effect at the time, and the notation on the docket sheet is not sufficient to confer jurisdiction on this Court. Morales v. State, 171 Tex.Crim. 124,345 S.W.2d 537; Oatman v. State, Tex.Cr.App., 383 S.W.2d 586.

The motion to reinstate the appeal is overruled.

Opinio…