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134 Tex. Crim. 296

115 S.W.2d 942

Herrin v. State

Court of Criminal Appeals of Texas

Decided February 2, 1938

Court of Criminal Appeals of Texas · decided 1938-02-02

<p>The opinion states the case.</p>

Cited by 1 later decisions — most recently March 1949

1 state decisions

Relies on 99 Tex. Crim. 492 - Roberts v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1938-02-02

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¶1Appellant was convicted of the offense of operating a motor vehicle upon a public highway of this State without having affixed upon the front and rear of said motor vehicle an identification plate. His punishment was assessed at a fine of $200, from which judgment of conviction he seeks to appeal.

¶2The record fails to show that any notice of appeal was given and entered upon the minutes of said court. It has been the uniform holding of this Court that it is necessary, to perfect an appeal from a judgment of conviction, that notice of appeal be given and the same be entered upon the minutes of the trial court. See Long v. State, 3 Texas Crim. App. 321; Lenox v. State, 55 Tex.Crim. Rep.; Roberts v. State,99 Tex. Crim. 492.

¶3In the absence of a showing that such notice of appeal was given and entered upon the minutes of the court as required by Article 827, C. C. P., this Court is without jurisdiction to hear and determine matters sought to be presented for review.

¶4It is therefore ordered that the attempted appeal be, and the same is, dismissed.

¶5The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

¶6

ON MOTION TO REINSTATE APPEAL.

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