Legal Opinion

Oehlers v. State

Court of Criminal Appeals of Texas

Decided February 27, 1963No. 35439PublishedCited by 3 opinions

1Opinion of the Court

WOODLEY, Presiding Judge.

The offense is operating an automobile upon a public road while intoxicated; the punishment, 3 days in jail and a fine of $50.

The record contains no notice of appeal entered of record, as required by Art. 827, C.C.P.

Recital appearing in the court’s docket: “Notice of appeal given” is not a sufficient compliance with the statute. Keilmann v. State, 162 Tex.Cr.R. 603, 288 S.W.2d 113; Root v. State, 164 Tex.Cr.R. 589, 301 S.W.2d 145; Black v. State, Tex.Cr.App., 268 S.W.2d 661; Loud v. State, 166 Tex.Cr.R. 81, 309 S.W.2d 71.

In the absence of a notice of appeal entered of…

2Cases cited6 opinions

  1. Mendoza v. StateCourt of Criminal Appeals of Texas · 1960
  2. Keilmann v. StateCourt of Criminal Appeals of Texas · 1956
  3. Loud v. StateCourt of Criminal Appeals of Texas · 1958
  4. Loud v. StateCourt of Criminal Appeals of Texas · 1958
  5. Black v. StateCourt of Criminal Appeals of Texas · 1954

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Bradley v. StateCourt of Criminal Appeals of Texas · 1966
  2. Gutierrez v. StateCourt of Criminal Appeals of Texas · 1965
  3. Mumphrey v. StateCourt of Criminal Appeals of Texas · 1966

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