OPINION ON APPELLANT’S MOTION FOR REHEARING
WOODLEY, Judge.The conviction from which this appeal is prosecuted was had at a term of County Criminal Court No. 3 of Dallas County which began March 1, 1965 and closed May 1, 1965.
Judgment upon the jury’s verdict was rendered March 10, 1965, and on the same day appellant filed motion for new trial assigning as reason therefor “that the verdict is contrary to the law and evidence.”
On March 30, 1965, appellant filed his amended motion for new trial alleging the same ground.
The trial court was without authority to extend the time allowed by Art. 755 Vernon’s Ann.C.C.P. for taking action on appellant’s amended motion for new trial. Mahan v. State, 163 Tex.Cr.R. 36, 288 S.W.2d 508; DeHay v. State, 163 Tex.Cr.R. 516, 294 S.W.2d 401; Obarts v. State, 167 Tex.Cr.R. 385, 320 S.W.2d 816.
The amended motion for new trial was overruled by operation of law when not acted upon during the 20 days allowed by Art. 755 V.A.C.C.P. Brinkley v. State, 167 Tex.Cr.R. 472, 320 S.W.2d 855; Morgan v. State, Tex.Cr.App., 378 S.W.2d 321, and cases cited.
The conviction became final during the term of court which ended May 1, 1965, and no notice of appeal was given *594during said term, as required by Art. 827 V.A.C.C.P.
In the absence of notice of appeal haying been given in open court during the term at which conviction was had, this Court is without jurisdiction to enter any order except to dismiss the appeal. Morgan v. State, Tex.Cr.App., 378 S.W.2d 321,. and eases cited, Brantley v. State, 167 Tex.Cr.R. 145, 320 S.W.2d 825; Obarts v. State, 167 Tex.Cr.R. 385, 320 S.W.2d 816; Reid v. State, 169 Tex.Cr.R. 261, 333 S.W.2d 140.
The order affirming the conviction is set aside and the appeal is dismissed.