Root v. State

DICE, Judge.

The conviction is for unlawfully injuring a fence; the punishment, a fine of $10.

The notice of appeal herein appears only as a docket entry upon the trial court’s docket and is not shown to have been entered of record in the minutes of the court. -

Art. 827, Vernon’s Ann. C.C.P., provides that such notice shall be given in open court and entered of record and it has been repeatedly held that a docket entry is not sufficient. Mar*590tinez v. State, 157 Texas Cr. Rep. 91, 246 S.W. 2d 633; and Keilmann v. State, 162 Texas Cr. Rep. 603, 288 S.W. 2d 113.

In the absence of a notice of appeal…