
    (86 Tex. Cr. R. 461)
    SAUZEDA v. STATE.
    (No. 5570.)
    (Court of Criminal Appeals of Texas.
    Dec. 17, 1919.)
    1. CRIMINAL LAW <&wkey;1081, 1087(1) — NOTICE OF APPEAL MUST BE ENTERED IN MINUTES.
    In order to perfect an appeal, it is imperative that a notice of appeal to the Court of Criminal Appeals be not only given by the appellant at the term at which his trial was had, but the same must also be entered in the minutes and so appear in the record sent to the appellate court.
    2. Criminal law <&wkey;1087(l) — Notice of appeal NOT SHOWN TO HAVE BEEN GIVEN.
    The statement, “Notice of appeal given,” at the conclusion of the order overruling the motion for a new trial in the record, is insufficient to give the Court of Criminal Appeals jurisdiction, such entry not showing to what court notice was given, nor that any notice of appeal was entered of record or carried into the minutes of the trial court.
    Appeal from District Court, Gonzales County; M. Kennon, Judge.
    Augustin Sauzeda was convicted of murder, and appeals.
    Appeal dismissed.
    J. T. Ely, of San Antonio, for appellant.
    Alvin M. Owsley, Asst. Atty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted of murder in the district court of Gonzales county, and his punishment assessed at 50 years’ confinement in the penitentiary.

Our statutes and decisions plainly make it imperative, in order to perfect an appeal, that a notice of appeal to the Court of Criminal Appeals of Texas be not only given by the appellant at the term at which his trial was had, but the same must also be entered in the minutes, and so appear in the record sent to this court. Lenox v. State, 55 Tex. Cr. R. 259, 116 S. W. 816; Raines v. State, 68 Tex. Cr. R. 605, 151 S. W. 811; Rios v. State, 76 Tex. Cr. R. 364, 174 S. W. 1050.

An examination of this record discloses that at the conclusion of the order overruling the motion for a new trial there appears the following statement: “Notice of appeal given.” But whether such notice be to this court, or to some other, does not appear ; nor is it anywhere shown that any notice of appeal was entered of record or carried into the minutes of the trial court.

Eor such reason, this court is without jurisdiction, and this appeal must be dismissed.  