
    RAINES v. STATE.
    (Court of Criminal Appeals of Texas.
    Dec. 4, 1912.)
    Criminal Law (§ 1081) — Appeal—Notice-Record Entry.
    A recitation, at the close of a sentence, that as defendant had given notice of appeal the judgment would be suspended, was insufficient as an entry of notice of appeal.
    [Ed. Note. — For other eases, see Criminal Law, Cent. Dig. §§, 2722-2724, 2962; Dec. Dig. § 1081.]
    Appeal from Criminal District Court, Dallas County; Robt. B. Seay, Judge.
    Son Raines was convicted of burglary, and he appeals.
    Dismissed.
    C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key-No, Series & Rep’r Indexes
    
   DAVIDSON, P. J.

Appellant was convicted of burglary; his punishment being assessed at 10 years’ confinement in the penitentiary.

This record is before us without a statement of facts, bills of exception, or motion for new trial. The record does not show that notice of appeal was given and entered in the court below. There is a recitation, at the close of the sentence, that inasmuch as defendant has given notice of appeal the judgment will be suspended; but under the decisions this is held not to be sufficient entry of notice of appeal.

In any event, in the condition the record is presented, there is nothing the court can review, and the judgment would be affirmed, if jurisdiction had attached; but, because of want of notice of appeal, as required by the statute, the appeal is dismissed.  