Opinion
No. 19250.
Delivered December 15, 1937.
1. — Appeal (Notice of) — Jurisdiction.
Notice of appeal given in open court, and entered of record, is essential to the jurisdiction of the reviewing court.
2. — Appeal Dismissed — Appeal (Notice of).
In absence of notice of appeal appearing in the record, appeal must be dismissed.
Appeal from the County Court of Travis County. Hon. Geo. S. Matthews, Judge.
Appeal from conviction for negligent homicide; penalty, fine of $100.
Appeal dismissed.
The opinion states the case.
W. R. Smith, Jr., of Austin, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The conviction is for negligent homicide; penalty assessed at a fine of $100.00.
The transcript contains no notice of appeal to this court. Such notice, given in open court and entered of record, is essential to the jurisdiction of the reviewing court. In the absence of such notice appearing in the record, the appeal must be dismissed. See Art. 827, C. C. P., Pullen v. State, 68 S.W.2d 181; Fullbright v. State, 101 S.W.2d 571; and cases cited.
Under the circumstances, we have no choice but to dismiss the appeal, and it is so ordered.
Appeal dismissed.