
    BERTRAND v. STATE.
    No. 20839.
    Court of Criminal Appeals of Texas.
    Feb. 14, 1940.
    Xavier Christ and Willie T. Briggs, both of Port Arthur, for appellant
    
      Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   BEAUCHAMP, Judge.

Appellant was convicted for driving an automobile upon a public highway while intoxicated; penalty assessed at confinement in the county jail for 90 days and a fine of $400.

To confer jurisdiction upon the appellate court, it is essential that the transcript show that notice of appeal was given in open court and entered of record. Art. 827, C.C.P. The transcript in the present instance shows a “docket entry” but fails to show that this was ever carried into the minutes of the court. Casey v. State, 116 Tex.Cr.R. 111, 32 S.W.2d 461, and cases there cited.

The appeal is dismissed.  