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75 S.W.2d 265

Carre v. State

Court of Criminal Appeals of Texas

Decided October 17, 1934

Court of Criminal Appeals of Texas · decided 1934-10-17

Cited by 1 later decisions — most recently September 1960

1 district ·

Relies on 85 Tex. Crim. 421 - Rodgers v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1934-10-17

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CHRISTIAN, Judge.

¶1Upon conviction for a misdemeanor, a fine of $50 was assessed against appellant.

¶2While it appears that notice of appeal was given, there is nothing to show that said notice was recorded in the minutes of the court as required by law. See article 827, C. C. P. This should appear from a certificate of the clerk, but in the present instance it merely appears that the instrument containing notice of appeal was filed. The appeal must be dismissed. Rodgers v. State, 85 Tex. Cr. R. 421, 213 S. W. 637; Wheeler v. State, 118 Tex. Cr. R. 358, 42 S.W.(2d) 69.

¶3The appeal is dismissed. Appellant is granted 15 days from this date in which to perfect the record.

¶4PER CURIAM.

¶5The foregoing opinion of the Commission of Appeals has been examined by the judges-of the Court of Criminal Appeals and approved by the court.

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