
    JONES v. STATE.
    (Court of Criminal Appeals of Texas.
    May 17, 1911.)
    Chimin An Law (§ 1081) — Appead—Notice— Time to Give.
    Notice of appeal, to confer jurisdiction on the Court of Criminal Appeals, must be given during the term in which sentence is pronounced; and where notice of appeal is given at a term subsequent to the one in which sentence was pronounced, the appeal must be dismissed, though at such subsequent term accused moved to set aside the sentence, because he had not been served with notice of the fact that he would be sentenced.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2722-2724; Dec. Dig. § 1081.]
    Appeal from Criminal District Court, Dallas County; Robt. B. Sea£, Judge.
    Willie Jones, alias Bocaro, was convicted of burglary, and he appeals.
    Dismissed.
    Baker & Strong, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other oases see samo topic and section NUMBER, in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
   DAVIDSON, P. J.

This conviction was for burglary. It is made to appear from the record, in such manner as to be considered by the court, and by bill of exceptions, that appellant was convicted at what is termed the July '■ term of the court, 1910. That term adjourned about the 1st of October, without sentence being passed upon appellant. During what is termed the October term of the court appellant was sentenced. This occurred in December. During the following or January term, 1911, appellant filed a motion to set aside the sentence, because he had not been served with notice before the sentence at the- October term of the fact that he would be sentenced, insisting that he had a right to have three days’ notice of that fact in advance of tlie sentence nunc pro tunc. Notice of appeal was given at the January term after the court overruled the above motion.

We deem it unnecessary to discuss the failure of the court to have appellant served with three days’ notice prior to his being sentenced nunc pro tunc. He was sentenced, and let that term of the court pass without giving notice of appeal. Notice of appeal, as before stated, did not occur until the January term, 1911. The jurisdiction of this court does not attach under such circumstances. In order that jurisdiction of this court may attach, notice of appeal must be given during the term in which sentence is pronounced.

Because the jurisdiction of this court did not attach, in that the notice of appeal was given at a term subsequent to the sentence, the appeal will be dismissed.  