Lorance v. State
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
| Citation | 20 S.W. 361 |
| Parties | LORANCE v. STATE. |
| Decision Date | 15 October 1892 |
Appeal from county court, Red River county; H. H. LENNOX, Judge.
Tom Lorance was convicted of a criminal offense, and appeals. Dismissed.
A. L. Beaty, for appellant. R. L. Henry, Asst. Atty. Gen., for the State.
The motion of the assistant attorney general to dismiss the appeal in this case, based upon the failure of the transcript to show that notice of appeal was given and entered of record in the court below, must be sustained. The Code of Criminal Procedure provides that "an appeal is taken by giving notice thereof in open court, and having the same entered of record." Code Crim. Proc. art. 848. Compliance with this statute is necessary and essential to attach jurisdiction on appeal to this court. Willson, Crim. St. §§ 2643, 2644. We cannot infer that notice of appeal was given and entered of record in the court below because the transcript from that court has been filed in this court, nor can we presume that such notice was given by reason of the fact that appellant entered into recognizance in that court to abide the judgment of this court. The positive language of the statute "forbids the indulgence of this presumption." The entry of the notice must be of record. Solari v. State, 3 Tex. App. 482; Long v. State, 3 Tex. App. 321; Johnson v. State, 8 Tex. App. 671. The motion is granted, and the appeal dismissed.
SIMKINS, J., absent. HURT, P. J., concurs.
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Shute v. State, 013-87
...See, e.g. Long v. The State, 3 Tex.App. 322 (Ct.App.1877), and prior Supreme Court cases therein cited; see also Lorance v. State, 20 S.W. 361 (Tex.Cr.App.1892). Though revised in 1965 and again in 1981, former article 44.08, C.C.P., still permitted notice of appeal to be given "orally in o......
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Hays v. State
... 20 S.W. 361 HAYS v. STATE. Court of Criminal Appeals of October 15, 1892. Page 362 Appeal from district court, Bell county; W. A. BLACKBURN, Judge. Fred Hays was convicted of perjury, and appeals. Affirmed. Saunders & Durrett, for appellant. R. L. Henry, Asst. Atty. Gen., for the State. DA......