
    THWEATT v. STATE.
    (No. 12191.)
    Court of Criminal Appeals of Texas.
    Oct. 10, 1928.
    
      A. A. Dawson, State’s Atty., of Austin, for the State.
   CHRISTIAN, J.

The offense is unlawfully carrying a pistol; the punishment, a fine of $100.

Proper notice of appeal was not given. In the order overruling the motion for a new trial, it. is recited that appellant, upon the overruling of the motion, “then and there in open court gave notice of appeal.” Whether such appeal be to this court or some other court does not appear. Hill v. State, 108 Tex. Cr. R. 335, 300 S. W. 70. Without proper notice of appeal, this court is without jurisdiction. Article 827, C. C. P.; Davidson v. State, 104 Tex. Cr. R. 607, 285 S. W. 831.

The appeal is dismissed.

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.  