Ball v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Bowie. Tried below before Hon. W. W. Dillard, County Judge. Complaint was filed in Justice Court, Precinct No. 2, Bowie County, Texas, charging defendant with failing and refusing to work upon a public road. At his trial in said court, defendant was found guilty, and his fine was assessed by the verdict and judgment at Si. He filed an appeal bond, and the case was taken to the County Court.
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Appeal from the County Court of Bowie. Tried below before Hon. W. W. Dillard, County Judge. Complaint was filed in Justice Court, Precinct No. 2, Bowie County, Texas, charging defendant with failing and refusing to work upon a public road. At his trial in said court, defendant was found guilty, and his fine was assessed by the verdict and judgment at Si. He filed an appeal bond, and the case was taken to the County Court. In the County Court the county attorney made a motion to dismiss the appeal, because the record from the Justice Court contained no notice of appeal. This motion was…
1Opinion of the Court
DAVIDSON, Judge.
This cause originated in the Justice Court. From a conviction in said court appellant sought to prosecute an appeal to the County Court. In the latter court, upon motion of the county attorney, the appeal was dismissed, because the transcript failed 1o show that notice of appeal was given in the Justice Court and entered upon its docket. The statute provides, that 11 when a defendant appeals from a judgment in a criminal action, lie shall give notice of such appeal in open court, and the justice shall enter such notice upon his docket.” Code Crim. Proc., art. 939. A recitation…
2Cited by8 opinions
- Lawrence v. StateCourt of Criminal Appeals of Texas · 1933
- Cochrane v. StateCourt of Criminal Appeals of Texas · 1934
- Frazier v. StateCourt of Criminal Appeals of Texas · 1922
- Lacy v. StateCourt of Criminal Appeals of Texas · 1939
- McDougall v. StateCourt of Criminal Appeals of Texas · 1893
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