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297 S.W.2d 168

Spell v. State

Court of Criminal Appeals of Texas

Decided January 2, 1957

Court of Criminal Appeals of Texas · decided 1957-01-02

Relies on 89 Tex. Crim. 193 - Donegan v. State

Decided 1957-01-02

MORRISON, Presiding Judge.

¶1The offense is murder-without malice; the punishment, three years.

¶2The so-called notice of appeal which appears in the record before us reads as follows:

“I hereby waive a motion for new trial and agree that the Court may sentence me on this date; however, I reserve my right to appeal my case on the record.”

¶3This is not sufficient to confer jurisdiction upon this Court. Donegan v. State, 89 Tex.Cr.R. 193, 230 S.W. 166. Texas Digest, Criminal Law,

¶4The appeal is dismissed.

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