Smith v. State

Decided November 30, 1910

Court of Criminal Appeals of Texas · decided 1910-11-30

1. Criminal Law (§ 1094*) — Appeal—Record —SUFFICIENCY. Where the record contains neither bill of exceptions nor statement of facts, the judgment of the lower court must be affirmed. [Ed. Note. — Por other cases, see Criminal Law, Cent. Dig. §§ 2807, 3204; Dec. Dig. § 1094.*] 2. Criminal Law (§ 1081*) — Appeal—Notice of Appeal. Where the record fails to show that notice of appeal was given, the court is without jurisdiction, and the appeal must be dismissed. [Ed. Note. — For other cases, see Criminal Law, Cent Dig. §§ 2722-2724; Dec. Dig. § 1081.*]

Cited by 3 later decisions — most recently December 1926

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1910-11-30

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RAMSEY, J.

¶1On August 2d of this year appellant was convicted on a charge of theft *473from the person, and her punishment assessed at confinement in the penitentiary for a period of two years.

¶2As the record reaches us, it contains neither a statement of the facts nor hills of exception. It is obvious, therefore, in any event, if we are authorized to consider the appeal, that the judgment would be affirmed. However, an inspection of the record discloses the fact that no notice of appeal was given to this court by appellant, and we are therefore without jurisdiction to hear and determine the cause.

¶3For this reason, it is ordered that the appeal be and the same is hereby dismissed.