Georg v. State (95 S.W.2d 393, 1936)

MORROW, Presiding Judge.

Disturbing the peace is the offense; penalty assessed at a fine of $25.

The transcript in the present instance shows that the prosecution was instituted in the justice court, precinct No. 5, Colorado county, Tex., where a jury found appellant guilty and assessed against him a fine of $5 and costs. An appeal was taken to the county court, and upon a trial de novo in that court, appellant was found guilty and his punishment fixed at a fine of $25. From his conviction in the county court appellant appeals to this court.

This case having been appealed from an inferior court to the county court and the fine imposed in that court not exceeding $100, it could not be appealed to the Court of Criminal Appeals by reason of article 53, C.C.P.1925. There are many decisions to the effect that the Court of Criminal Appeals is without jurisdiction in cases apr pealed from the justice court to the county court in which the fine imposed is less than $100. See Alkek v. State, 113 Tex.Cr.R. 400, 22 S.W.(2d) 454; Nichols v. State (Tex.Cr.App.) 84 S.W.(2d) 725; Lindley v. State (Tex.Cr.App.) 55 S.W.(2d) 846; and other cases cited in Vernon’s Ann.C.C.P., 1925, vol. 1, art, 53, and notes thereunder.

The appeal is dismissed.