MARTIN, Judge.
— Offense, felony theft; the penalty, five years in the penitentiary.
The record in this case fails to contain a notice of appeal to this court. Without such, we are without jurisdiction.
The appeal is dismissed.
Dismissed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
Hawkins, J., absent.

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