
    PATTON v. STATE.
    No. 23736.
    Court of Criminal Appeals of Texas.
    June 4, 1947.
    Rehearing Granted June 25, 1947.
    No appearance for appellant.
    Ernest S. Goens, State’s Atty., of Austin, for the State.
   HAWKINS, Presiding Judge.

Conviction is for driving while intoxicated an automobile upon a public highway; punishment assessed a fine of $50.

No bills of exception or statement of facts are found in the record. Nothing is presented for review.

The judgment is affirmed.

On Appellant’s Motion for Rehearing.

DAVIDSON, Judge.

Appellant's motion for rehearing is granted, the judgment of affirmance is set aside, and the appeal is dismissed because of the absence of a proper notice of appeal, without which this court is without jurisdiction to entertain the appeal.

The notice of appeal appearing in this record is by docket entry only. This is not sufficient. Notice of appeal must be entered of record, which means in the minutes of the court. Art. 827, Vernon’s C.C.P., and authorities there cited.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the court.  