
    ROSE v. STATE.
    (No. 10321.)
    (Court of Criminal Appeals of Texas.
    June 16, 1926.)
    Criminal law <§=>1081.
    Appellate court is without jurisdiction without proper notice of appeal, in view of Code Cr. Proc. 1925, art. 827.
    Commissioners’ Decision.
    Appeal from Criminal District Court No. 2, Dallas County; C. A. Pippen, Judge.
    James Rose was convicted of theft, and he appeals.
    Appeal dismissed.
    Chaney & Dailey, of Dallas, for appellant.
    Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Dyles, Asst. State’s Atty., of Groesbeek, for the State.
   BAKER, J.

The appellant was convicted in the criminal district court No. 2 of Dallas county for the offense- of theft of property over the value of $50, and his punishment assessed at two years in the penitentiary,

There is np- statement of facts in the record, and no notice of appeal was given in the lower court. Without proper notice of appeal, this court is without jurisdiction. Article 827, 1925 C. O. P. (article 915, Vernon’s C. C. P.); Baldwin v. State, 82 Tex. Cr. R. 243, 199 S. W. 468; Williams v. State, 87 Tex. Cr. R. 180, 220 S. W. 87.

Failing to find any notice of appeal in the record, this 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.  