160 Tex. Crim. 22

Walter E. Strickland v. State.

No. 26,895.

April 14, 1954.

W. S. Foster, Waco, for appellant.

Wesley Dice, State’s Attorney, Austin, for the state.

GRAVES, Presiding Judge.

The conviction is for unlawfully operating a motor vehicle upon a public highway while under the influence of intoxicating liquor. The punishment assessed is a fine of $50.00 and confinement in the county jail for a period of 30 days.

The transcript in this cause reflects that the term of court at which the case was tried adjourned on December 26, 1953; *23that notice of appeal was given and entered of record on the same day; and that a recognizance was entered into on January 12, 1954.’Such recognizance entered into after the adjournment of the term of court at which the conviction was had was invalid and requires a dismissal of the appeal. See Hudson v. State, 155 Tex. Cr. Rep. 485, 237 S.W. (2d) 302. Under the provisions of Article 830, C.C.P., the accused could not enter into a recognizance after the adjournment of the trial term of court, but should have given a bail bond pending appeal.

Because of the absence of a proper appeal bond, this court is without jurisdiction to entertain the appeal. It is therefore dismissed.

Strickland v. State
160 Tex. Crim. 22

Case Details

Name
Strickland v. State
Decision Date
Apr 14, 1954
Citations

160 Tex. Crim. 22

Jurisdiction
Texas

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