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318 S.W.2d 640

Cockrell v. State

Court of Criminal Appeals of Texas

Decided December 10, 1958

Court of Criminal Appeals of Texas · decided 1958-12-10

Relies on 157 Tex. Crim. 91 - Martinez v. State · 162 Tex. Crim. 603 - Keilmann v. State

Decided 1958-12-10

DAVIDSON, Judge.

¶1The offense is burglary, with punishment affixed at five years in the penitentiary.

¶2The notice of appeal herein appears only as a docket entry upon the trial court’s docket; it is not shown to have been entered of record in the minutes of the court.

¶3We have repeatedly held that a valid notice of appeal must be entered of record and that a docket entry is not sufficient. Art. 827, Vernon’s Ann.C.C.P.; Martinez v. State, 157 Tex.Cr.R. 91, 246 S.W.2d 633; Keilmann v. State, 162 Tex.Cr.R. 603, 288 S.W.2d 113.

¶4The appeal is dismissed.

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