
    HAYNIE v. STATE.
    (No. 6946.)
    (Court of Criminal Appeals of Texas.
    May 24, 1922.)
    Criminal law <§=>1087(1)— Notation on trial judge’s docket of notice of appeal held not a compliance with statute requiring notice to be entered of record.
    Notation in memorandum of trial judge’s docket as to notice of appeal held not a compliance with Vernon’s Ann. Code Cr. Proc. 1916, art. 915, requiring that notice of appeal to the Court of Criminal Appeals be given in open court and “entered of record.”
    Appeal from Stephens County Court; J. W. Darden, Judge.
    Tom Haynie was convicted for aggravated assault, and he appeals.
    Appeal dismissed.
    R. G. Storey, Asst. Atty. Gen., for the State.
   MORROW, P. J.

Conviction is for the offense of aggravated assault. Punishment fixed at a fine of $25 and confinement in the county jail for 30 days.

The state, through the Assistant Attorney General, moves to dismiss the appeal for want of jurisdiction. The only reference to the notice of appeal is this:

“Trial Docket on 11/2/1921.
“Notation on trial docket, Tom Haynie makes notice of appeal by his attorney.”

The statute (article 915), as a condition precedent to the consideratiofi by this court of an appeal, requires that notice on appeal to this court be given in open court and “entered of record.” This statute is not complied with by the memorandum on the docket of the trial judge. Such has been the previous holding of this court. See Teague v. State, 53 Tex. Cr. R. 503, 111 S. W. 405; Lenox v. State, 55 Tex. Cr. R. 259, 116 S. W. 816; Vernon’s Tex. Crim. Stat. vol. 2, p. 877.

If the appellant gaye notice of appeal, the statute (art. 915) points out the method of having it entered of record at a subsequent term. As the matter now presents itself, this court is without jurisdiction.

The appeal is dismissed. 
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