Legal Opinion

Garcia v. State

Court of Criminal Appeals of Texas

Decided April 22, 1964No. 36905Published

1Opinion of the Court

DICE, Commissioner.

Aggravated assault is the offense, with punishment assessed at sixty days in jail and a fine of $100.

*73The notice of appeal recites that the defendant gave notice of appeal to the County Court of Terry County, being the court in which he was convicted.

Such notice is not in compliance with the statute and is insufficient to confer jurisdiction upon this court. Ford v. State, Tex.Cr.App., 335 S.W.2d 606.

Further, the recognizance is not conditioned that the accused will abide the judgment of The Court of Criminal Appeals, as required by Art. 831, Vernon’s Ann.C.C.P.

The state’s…

2Cases cited1 opinion

  1. Ford v. StateCourt of Criminal Appeals of Texas · 1960

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