Cummings v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Brazos. Tried below before Hon. W. H. Harman, County Judge. The proceedings in this case were instituted by a complaint in the Justice Court, which charged appellant with malicious mischief, in unlawfully shooting and wounding a cow.
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Appeal from the County Court of Brazos. Tried below before Hon. W. H. Harman, County Judge. The proceedings in this case were instituted by a complaint in the Justice Court, which charged appellant with malicious mischief, in unlawfully shooting and wounding a cow. Having been convicted in said court, he appealed to the County Court, and in this latter court his appeal was dismissed, because the transcript and record failed to show that he had given notice of appeal in open court, and that the same was entered of record on the justice’s docket. From this judgment dismissing his appeal in the…
1Opinion of the Court
DAVIDSON, Judge.
Appellant, having been convicted in the Justice Court, appealed to the County Court. In the latter court, on October 21, 1892, the cause was dismissed because notice of appeal was not given in open court and entered upon the docket of the Justice Court, as required by law. The transcript in this case was forwarded by the clerk of the County Court to the clerk of this court, and by him filed in this court subsequent to the day set apart for the submission of causes appealed from Brazos County.
1. By motion or plea appellant contends this court has not acquired jurisdiction of…
2Cited by3 opinions
- Nunn v. StateCourt of Criminal Appeals of Texas · 1899
- Adams v. StateCourt of Criminal Appeals of Texas · 1903
- Fields v. StateCourt of Criminal Appeals of Texas · 1923