Opinion
No. 17778.
Delivered November 20, 1935.
Appeal Dismissed — Transcript.
Appeal from conviction required dismissal where caption of transcript recited that the term of court at which defendant was tried and convicted adjourned October 6, 1934, whereas, judgment of conviction reflected that the verdict was returned February 15, 1935, and it appeared that motion for new trial was overruled and notice of appeal given on March 9, 1935.
Appeal from the District Court of Hopkins County. Tried below before the Hon. Charles D. Berry, Judge.
Appeal from conviction for murder; penalty, confinement in penitentiary for five years.
Appeal dismissed.
The opinion states the case.
T. S. Williams and Sellers Spence, both of Sulphur Springs, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is murder; the punishment, confinement in the penitentiary for five years.
Looking to the transcript, the caption discloses that the term of court at which appellant was tried adjourned October 6, 1934, whereas the judgment of conviction reflects that the verdict was returned February 15, 1935. Again, it appears that motion for a new trial was overruled March 9, 1935, and notice of appeal given on the same date. Under the decisions the appeal must be dismissed. See Williams v. State, 18 S.W.2d 654; Sherwood v. State, 225 S.W. 1101.
In one part of the transcript it appears that motion for a new trial was overruled and notice of appeal given March 9, 1935, whereas it is shown in another place that said motion was overruled and notice of appeal given February 25, 1935. The transcript should correctly reflect the date upon which notice of appeal was given.
The appeal is dismissed.
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.