Opinion
No. 19807.
Delivered June 1, 1938.
Attempted Appeal Dismissed — Appeal (Notice of) — Jurisdiction.
Where the record on appeal did not show that notice of appeal was given and entered upon the minutes of the trial court, Court of Criminal Appeals was without jurisdiction to hear and determine matters sought to be presented for review, and attempted appeal was dismissed.
Appeal from the District Court of Henderson County. Hon. Sam Holland, Judge.
Appeal from conviction for assault with intent to murder; penalty, confinement in penitentiary for two years.
Appeal dismissed.
The opinion states the case.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction is for assault with intent to murder; the punishment, confinement in the State Penitentiary for two years.
The record fails to show that notice of appeal was given and entered upon the minutes of the trial court. In the absence of such a showing, this Court is without jurisdiction to hear and determine matters sought to be presented for review. See Long v. State, 3 Texas Crim. App. 321; Lenox v. State, 55 Tex. Crim. 259; Roberts v. State, 99 Tex.Crim. Rep.; Article 827, C. C. P.
The attempted appeal is dismissed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.