Eubank v. State

It is made to appear by supplemental transcript that timely and proper notice of appeal was given and entered in the minutes of the court.

The judgment of dismissal is set aside, and the appeal is reinstated and the case now considered on its merits.

Appellant was a constable in Cameron County. The state's testimony was in substance as follows: On the night of the 22nd of February, 1929, appellant, Jess Riley and Strong Boynton drove appellant's automobile to a carnival where they picked up a Mexican who told them that a car loaded with intoxicating liquor was coming to town. Carrying the…