BAIN v. STATE

No. 31627.

335 S.W.2d 607 (1960)

George Omel BAIN, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 30, 1960.


Attorney(s) appearing for the Case

No attorney for appellant of record on appeal.

Lon Moser, County Atty., R. L. Templeton, Asst. County Atty., Amarillo, and Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is driving which intoxicated; the punishment, 3 days in jail and a fine of $50.

The notice of appeal appearing in the transcript recites that the "defendant in open court gave notice of appeal to the Court of Civil Appeals, Austin, Texas."

The State moves to dismiss the appeal, citing Ex parte Moore, 109 Tex.Cr.R. 73, 3 S.W.2d 86, which sustains its position that such notice did not confer jurisdiction of the appeal...

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