Jaynes v. State

DICE, Commissioner.

The conviction is for aggravated assault; the punishment, a fine of $500 and confinement in jail for two years.

Notice of appeal was given on March 8, 1956, after the first amended motion for new trial had been overruled on March 6, 1956.

The record shows that the appellant and his sureties entered into recognizance be fore the court on February 11, 1956, which was before the notice of appeal was given ■ and in fact before the amended motion for new trial was filed.

Under the provisions of Art. 827, Vernon’s Ann.C.C.P., an appeal is taken by giv- , ing notice thereof in open…