Price v. State, 28778
| Decision Date | 20 February 1957 |
| Docket Number | No. 28778,28778 |
| Citation | 164 Tex.Crim. 312,299 S.W.2d 141 |
| Parties | Bill PRICE, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
No attorney for appellant of record on appeal.
Leon B. Douglas, State's Atty., Austin, for the State.
BELCHER, Commissioner.
The offense is felony theft by false pretext; the punishment, two years in the penitentiary.
The order of the court overruling appellant's motion for a new trial shows that he excepted thereto, and instead of giving notice of appeal to the Court of Criminal Appeals, said order recites that appellant 'announced his intention of appealing to the Court of Criminal Appeals of Texas.'
The announced intention of appealing a case does not comply with the statutory requisite of giving notice of appeal which is necessary to confer jurisdiction upon this court. Art. 827, Vernon's Ann.C.C.P.
It is pointed out that the recognizance which appears in the record does not show to have been entered into by two sureties as required by statute but only by the appellant. Such a recognizance is not sufficient to confer jurisdiction upon this court.
The appeal is dismissed.
Opinion approved by the court.
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Newby v. State, 37012
...the statute, is insufficient to confer jurisdiction upon this court. Wilkins v. State, 130 Tex.Cr.R. 36, 91 S.W.2d 354; Price v. State, 164 Tex.Cr.R. 312, 299 S.W.2d 141; Mayfield v. State, Tex.Cr.App., 382 S.W.2d 940, decided May 6, The appeal is dismissed. Opinion approved by the court ON......
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Mayfield v. State
...not being in substantial compliance with the statute, is insufficient to confer jurisdiction upon this court. Price v. State, 164 Tex.Cr.R. 312, 299 S.W.2d 141; Wilkins v. State, 130 Tex.Cr.R. 36, 91 S.W.2d The appeal is dismissed. Opinion approved by the court. ON MOTION TO RE-INSTATE THE ......
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Price v. State, 28778
...Douglas, State's Atty., Austin, for the State. WOODLEY, Judge. Appeal from this conviction was dismissed on a prior day. Price v. State, Tex.Cr.App., 299 S.W.2d 141. It is now shown that the records of the trial court have been corrected by nunc pro tunc orders which show that proper notice......
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Dowd v. State
...above quoted, such statement must be construed only as announcing the intention to appeal which was insufficient. Price v. State, 164 Tex.Cr.R. 312, 299 S.W.2d 141. If appellants gave notice of appeal by the quoted statement, the notice was withdrawn when appellants filed and secured the ru......