
    MODWELL v. STATE.
    (No. 3081.)
    (Court of Criminal Appeals of Texas.
    April 8, 1914.
    On Motion for Rehearing May 6, 1914.)
    Criminal Law (§ 1087) — D i s m i s s a l— Grounds — Notice of Appeal.
    The record must contain a notice of appeal in order to give the Court of Criminal Appeals jurisdiction, and the appeal will be dismissed if it does not contain such notice.
    [Ed. Note. — Eor other cases, see Criminal Law, Cent. Dig §§ 2770-2781, 2794; Dec. Dig. § 10&7.]
    Appeal from Hunt County Court; Geo. B. Hall, Judge.
    John Modwell was convicted of an offense, and appeals.
    Appeal dismissed.
    Claud Isbell, of Rockwall, for appellant. 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, J.

The record is before us without notice of appeal, for which reason the jurisdiction of this court has not attached. The Assistant Attorney General moves to dismiss the appeal for want of notice of appeal given in the trial court. The motion is well taken, and the appeal is dismissed.

On Motion for Rehearing.

On a previous day of the term the appeal herein was dismissed because notice of appeal was not given in the trial court. Motion for rehearing is filed, but no attempt is made to show that the record was incorrect in failing to embody notice of appeal. There is a letter from the clerk accompanying the record, in which it is stated there was no-statement of facts filed in the trial court, and no motion for new trial made or notice of appeal given; at least no notice appears on the docket of the trial court, and in fact none appears in the record of the trial court. In that condition of the record the jurisdiction of this court cannot attach. Notice of appeal is necessary in order to attach the jurisdiction of this court. Until the jurisdiction of this court attaches no question in the record can be reviewed. The questions suggested therefore for revision in the record cannot be reviewed in the condition in which this record is placed before the court.

The motion therefore will be overruled.  