Opinion
No. 19737.
Delivered April 13, 1938. Rehearing denied (without written opinion) May 18, 1938.
Appeal Dismissed — Appeal (Notice of).
In absence of a showing in the record that notice of appeal was given and entered upon the minutes of the court, the Court of Criminal Appeals is without jurisdiction to determine matters sought to be presented for review.
Appeal from the County Court of Cherokee County. Hon. J. W. Chandler, Jr., Judge.
Appeal from conviction for the sale of intoxicating liquor in a dry area; penalty, fine of $150 and 30 days' confinement in the county jail.
Appeal dismissed.
The opinion states the case.
Gray Pope, of Tyler, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction is for the sale of intoxicating liquor in dry area; punishment, a fine of $150.00 and thirty days' confinement in the county jail.
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 Tex.Crim. Rep.; 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.