Legal Opinion

Gilson v. State

Court of Criminal Appeals of Texas

Decided June 11, 1941No. 21647PublishedCited by 1 opinion

1Opinion of the Court

DAVIDSON, Judge.

Appellants were jointly charged, tried, and convicted of the offense of aggravated assault, the punishment assessed against each being a fine of $250.00.

The notice of appeal appears as a notation of the trial judge upon the appellant’s motion for a new trial. This is not sufficient. The statute (Art. 827, C. C. P.) requires that notice of appeal be given in open court and entered of record. The term “entered of record,” as appears therein, has been construed to mean an entry upon the minutes of the trial court. McGinty v. State, 116 S. W. (2d) 713, 134 Tex. Cr. R.. 539;…

2Cases cited3 opinions

  1. Herrin v. StateCourt of Criminal Appeals of Texas · 1938
  2. McGinty v. StateCourt of Criminal Appeals of Texas · 1938
  3. Thompson v. StateCourt of Criminal Appeals of Texas · 1938

3Cited by1 opinion

  1. Dickerson v. StateCourt of Criminal Appeals of Texas · 1943

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