Woody v. State

Decided December 20, 1911

Court of Criminal Appeals of Texas · decided 1911-12-20

1. Criminal Law (§ 1081*) — Appeal—Jurisdiction. Where the record contains no notice of appeal, the Court of Criminal Appeals lias no jurisdiction. [Ed. Note. — For other cases, see Criminal Law,-Cent. Dig. §§ 2722-2724; Dec. Dig.* § 2. Criminal Law (§ 1097*) — Statement of Facts — Necessity. In the absence of a statement of facts, matters dependent upon a review of the evidence cannot be considered. [Ed. Note. — For other cases, see Criminal Law, Dec. Dig. § J097.*]

Affirmed · Decided 1911-12-20

DAVIDSON, P. J.

¶1[1] This record is before us without containing notice of appeal. Under this condition, the jurisdiction of this court has not attached, and the'appeal will therefore be dismissed.

¶2 *951[2]We might say, in this connection, that liad tlie record contained notice ol' appeal, there being no statement of facts in the record, the matters presented in the motion for new trial' in the court below could not be considered here, as they pertain to matters dependent upon a review of the evidence.

¶3The appeal is dismissed.