
    DANLEY v. STATE.
    (No. 5902.)
    (Court of Criminal Appeals of Texas.
    Oct. 20, 1920.)
    Criminal law <S=3l08I — Notice of appeal tó Court of Appeals held insufficient.
    A notice, given in open court, that defendant appeals to “the Court of Appeals” is insufficient, since there is no court of that name, and the appeal must be dismissed.
    Appeal from District Court, Wichita County; H. E. Weldon, Judge.
    Bland Danley was convicted of the theft of property of the value of over $50, and he appeals.
    Appeal dismissed.
    Alvin M. Owsley, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of Wichita county of the offense of theft of property of the value of over $50, and his punishment fixed at two years’ confinement in the penitentiary.

An examination of the record discloses that same contains no sufficient notice of apijeal; the only thing which appears to be an effort to give such notice is found in the order overruling the motion for a new trial, wherein'is the following:

“Wherefore, the defendant, Bland Danley, in open court, gave notice of an appeal herein to the Court of Appeals of the state of Texas, which said notice is now entered of record.”

We do not know of any court in this state of the name and description mentioned in said purported notice of appeal. The failure to give such notice is universally held to be fatal.

The appeal will be dismissed.  