¶1Appellants were convicted under multiple counts of the information of two separate offenses of false advertisement and each assessed punishment at a fine of $200.
¶2The state moves to dismiss the appeals for want of jurisdiction on the ground that no notice of appeal was given by appellants and entered of record as required by Art. 827, V.A.C.C.P.
¶3An examination of the record does not reflect that notice of appeal was given by the appellants and entered of record as required by Art. 827, supra.
¶4In the absence thereof, this court has no jurisdiction to entertain the appeal. Fletcher v. State, 156 Tex. Cr. R. 335, 242 S. W. 2d 377.
¶5Accordingly, the state’s motion is granted and the appeals are dismissed.
¶6Opinion Approved by the Court.
¶7ON MOTION TO REINSTATE APPEAL
¶8To supply the missing notice of appeal a certificate of the trial judge has been entered of record by nunc pro tunc order as of September 24, 1959.
¶9*377The certificate so entered recites that following the return of the jury’s verdict, on September 24, 1959, counsel for appellants stated in substance “we will not accept this; we will appeal the case.”
¶10Thereafter, on October 2, 1959, the defendants filed their motions for new trial which were considered and overruled by the court on Octboer 13, 1959.
¶11In view of the filing and urging of motions for new trial after the statement of appellants’ counsel above quoted, such statement must be construed only as announcing the intention to appeal which was insufficient. Price v. State, 164 Tex. Cr. R. 312, 299 S.W. 2d 141.
¶12If appellants gave notice of appeal by the quoted statement, the notice was withdrawn when appellants filed and secured the ruling of the court on their motion for new trial.
¶13Appellants’ motion to reinstate the appeal is overruled.