236 S.W. 721

SAUER v. STATE.

(No. 6613.)

(Court of Criminal Appeals of Texas.

Jan. 18, 1922.)

Criminal law <§=51076 (2) — No jurisdiction by appellate court, unless appeal bond is given. In order for the jurisdiction of the appellate court to attach, under Yernon’s Ann. Code Cr. Proc. 1916, art. 918, a recognizance or appeal bond must be entered into by accused.

Appeal from Colorado County Court; John C. Hoyo, Judge. 0. R. Sauer was convicted of misdemeanor, and lie appeals.

Appeal dismissed.

R. G. Storey, Asst. Atty. Gen., for the State.

LATTIMORE, J.

Appellant was convicted in the county court of Colorado county of a misdemeanor, and his punishment fixed at a fine of $50.

In order for the jurisdiction of this court to attach upon appeal, it is made necessary by statute that a recognizance or appeal bond be entered into by the accused. Forms for such obligations are to be found in articles 918, 919, of Vernon’s C. C. P. In the instant case our Assistant Attorney General moves to dismiss the appeal herein, because the law in the above particular has not been complied with. An examination of the record discloses that the motion is well taken. There appears in this record an ordinary appearance bond.

The motion of the state is sustained, and the appeal is dismissed.

Sauer v. State
236 S.W. 721

Case Details

Name
Sauer v. State
Decision Date
Jan 18, 1922
Citations

236 S.W. 721

Jurisdiction
Texas

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