Bain v. State

WOODLEY, Judge.

The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $50.

The notice of appeal appearing in the transcript recites that the “defendant in open court gave notice of appeal to the Court of Civil Appeals, Austin, Texas.”

*514The state moves to dismiss the appeal, citing Ex parte Moore, 109 Tex. Cr. R. 73, 3 S. W. 2d 86, which sustains its position that such notice did not confer jurisdiction of the appeal on this court.

The more recent decisions holding that the statute does not require the notice of appeal to specify the court to which notice of appeal…