268 SW2D 661 - Black v. State

How this case has been cited

Cited by 11 later decisions — most recently February 1971

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

GRAVES, Presiding Judge.

¶1The conviction is for murder without malice; the punishment assessed is confinement in the state penitentiary for a term of five years.

¶2This cause comes before us without a proper notice of appéal. We do find, however, a copy of the court’s criminal docket in which it is stated: “Notice of appeal given, 80 days for statement of facts & bills of exception.”

¶3It is necessary that this notice of appeal be carried into the minutes of the court. Such was not done in this instance. Therefore, this cause must be dismissed by virtue of the fact that such notice of appeal is not properly contained in the record. See Greathouse v. State, Tex.Cr.App., 245 S.W.2d 267, and Chupp v. State, Tex.Cr.App., 268 S.W.2d 673.

¶4Because of the absence in the record of a proper notice of appeal, the appeal is dismissed.