Summary
holding that testimony that the defendant and his wife "went to cursing" and "started to fight and curse" before the defendant killed her was not sufficient to warrant a jury instruction on mutual combat
Summary of this case from Williams v. StateOpinion
No. 20421.
May 31, 1939.
Appeal Dismissed — Jurisdiction.
Where the record failed to show any notice of appeal, Court of Criminal Appeals was without jurisdiction and dismissal of appeal was required.
Appeal from District Court of Denton County. Hon. B. W. Boyd, Judge.
Appeal from conviction for operating a motor vehicle on the highway while intoxicated; penalty, fine of $50, and five days in the county jail.
Appeal dismissed.
No attorney for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction is for operating a motor vehicle on the highway while the operator was intoxicated, punishment being by fine of fifty dollars and five days in the county jail.
The record fails to show any notice of appeal in the absence of which this Court has no jurisdiction.
The appeal is dismissed.