
    BRANNAN v. STATE.
    (No. 3510.)
    (Court of Criminal Appeals of Texas.
    April 14, 1915.)
    1. Criminal Law <&wkey;1081 — Notice on Appeal.
    A notice of appeal referred to in the sentence pronounced, part of the minutes of the court, bearing evidence that notice of appeal was given in open court, confers jurisdiction on the Court of Criminal Appeals.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2722-2724, 2962; Dec. Dig. &wkey;1081.]
    2. Criminal Law <§=s31114^-Appeal — Review —Affirmance.
    On appeal on a record without a motion for a new trial, or any bill of exceptions or statement of facts, all the court can do is to look to the sufficiency of the indictment, and, where that is valid, affirm the judgment.'
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2918, 2921; Dec. Dig. &wkey;1114.]
    Appeal from District Court, Colorado County; M. Kennon, Judge.
    W. A. Brannan was convicted of forgery, and he appeals.
    Affirmed.
    C. C. McDonald, Asst. Atty. Gen., for the State.
   HARPER, J.

Appellant was convicted of forgery and his punishment assessed at two years’ confinement in the state penitentiary.

The record is before us without a motion for a new trial, any bill of exceptions, or a statement of facts. A notice of appeal is vaguely referred to in the sentence pronounced, but no, notice other than this appears in the record. In the case of Young v. State, 41 Tex. Cr. R. 247, 53 S. W. 1028, it is held that such indefinite notice is insufficient to confer jurisdiction on this court. However, in the case of Lewis v. State, 39 S. W. 370, it is held that the sentence being a part of the minutes of the court, and it bearing evidence that notice of appeal was given in open court, would confer jurisdiction on this court, and we are of the opinion that this latter opinion is more in consonance with the articles regulating an appeal. In the condition the record is, all we can do is to look to the sufficiency of the indictment, and, it being valid, the judgment must be affirmed.

The judgment is affirmed. 
      (@=^>For other eases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     