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OEHLERS v. STATE

No. 35439.

367 S.W.2d 672 (1963)

Fred Edmond OEHLERS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion to Reinstate Appeal April 17, 1963.

Rehearing Denied May 29, 1963.

Attorney(s) appearing for the Case

Greenwell & Hines, Thomas E. Hines, Robert A. Greenwell, Houston, for appellant.

Ted Schulz, County Atty., Richmond, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Presiding Judge.

The offense is operating an automobile upon a public road while intoxicated; the punishment, 3 days in jail and a fine of $50.

The record contains no notice of appeal entered of record, as required by Art. 827, C.C.P.

Recital appearing in the court's docket: "Notice of appeal given" is not a sufficient compliance with the statute. Keilmann v. State, 162 Tex.Cr.R. 603, 288 S.W.2d 113; Root...

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