Public-domain · open source
OpenJurist

335 S.W.2d 608

Broome v. State

Decided March 30, 1960

Relies on Bain v. State · 169 Tex. Crim. 518 - Ford v. State

Decided 1960-03-30

DICE, Commissioner.

¶1The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $50.

¶2The notice of appeal recites that the defendant gave notice of appeal to the Court of Civil Appeals at Austin, Texas.

¶3Such notice is not in compliance with Art. 827, Vernon’s Ann.C.C.P. and is similar to the notice of appeal given in Bain v. State, Tex.Cr.App., 335 S.W.2d 607, which was held insufficient to confer jurisdiction upon this court.

¶4For such reason the State’s motion to dismiss the appeal is granted and the appeal is dismissed.

¶5Opinion approved by the court.

DAVIDSON, Judge

¶6(dissenting).

¶7For the reason assigned in my dissenting opinion in Ford v. State, Tex.Cr.App., 335 S.W.2d 606, I enter my dissent here, in so far as applicable.

/335/sw2d/608 · .json · Public domain