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310 S.W.2d 338

Pruitt v. State

Decided February 26, 1958

Cited by 4 later decisions — most recently February 1959

3 state decisions

Relies on Hayes v. State · 164 Tex. Crim. 421 - Atkinson v. State · 163 Tex. Crim. 516 - De Hay v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1958-02-26

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WOODLEY, Judge.

¶1The offense is driving a motor vehicle upon a public highway while intoxicated; the punishment, three days in jail and a fine of $50.

¶2The transcript shows that appellant has been enlarged upon a recognizance on appeal which is defective in that it is blank as to any amount in which he and his sureties are bound. Bogan v. State, 155 Tex.Cr.R. 5, 230 S.W.2d 546.

¶3Judgment was entered upon the jury’s verdict on July 25, 1957, and motion for new trial was filed the same day.

¶4The term of court ended on August 31, 1957, without the motion for new trial having been presented to the trial judge *339or acted upon, and without leave to amend having been granted.

¶5The judgment having become final at said term and no notice of appeal given, the notice of appeal given on September 23, 1957, conferred no jurisdiction upon this Court. Mahan v. State, Tex.Cr.App., 288 S.W.2d 508; De Hay v. State, Tex.Cr.App., 294 S.W.2d 401; Atkinson v. State, Tex.Cr.App., 299 S.W.2d 951.

¶6The appeal is dismissed.

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