Walker v. State

The offense is driving a motor vehicle upon a public highway *532while intoxicated; the punishment, 45 days in jail and a fine of $300.

Re-examination of the transcript reveals that the motion for new trial was not acted upon until more than 20 days after it was filed, and that under the holding of this court construing Art. 755 V.A.C.C.P. it was overruled by operation of law.

The notice of appeal shown in the transcript was not given during the term at which the motion for new trial was overruled by operation of law, and the judgment of conviction became final.

Notice of appeal given at the…