Davis v. State
Jim Davis v. the State
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
LATTIMORE, Judge.
Conviction for manufacturing intoxicating liquor; punishment, one year in the penitentiary.
This judgment was affirmed at a previous day of this term, apparently without observation of the fact that the record contained no notice of appeal. No statement of facts was then on file, and the judgment was affirmed for lack of showing of error upon the trial.
Without the giving of notice of appeal and the entry of that fact, in accordance with the statute, upon the minutes of the trial court, this court is without jurisdiction. Appellant filed in the court below a *241 motion for new trial, but if any order was ever made thereon it does not appear in the record. Nor did appellant give any notice of appeal in connection with his sentence.
The judgment of affirmance will be withdrawn, and the appeal will be dismissed because this court is without jurisdiction, no notice of appeal having been given.
The appeal is dismissed.
Appeal dismissed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.