R. L. Wells v. State.
No. 1891.
Decided October 30, 1912.
Rehearing denied November 20, 1912.
Embezzlement — Misdemeanor—Appeal Bond.
Where defendant was convicted of a misdemeanor and filed an appeal bond after adjournment, instead of perfecting his appeal by entering into a recognizance during the term, the appeal must be dismissed,
*277[Rehearing denied November 20, 1912. — Reporter.]
Appeal from the District Court of Kaufman. Tried below before the Hon. Richard I. Munroe.
Appeal from a conviction of a misdemeanor; penalty, a fine of $100 and six months confinement in the county jail.
The opinion states the case.
James P. Alexander and W. L. Eason, for appellant.
C. E. Lane, Assistant Attorney-General, for the State.
HARPER, Judge.
— Appellant was indicted, charged with embezzlement in an amount in excess of fifty dollars — a felony. When tried he was convicted of embezzlement of an amount less than fifty dollars — a misdemeanor.
After adjournment of court he attempts to perfect his appeal to this court by filing an appeal bond, not having entered into a recognizance during the term. Having been convicted of a misdemeanor only, the law does not authorize an appeal to be perfected by giving an appeal bond. (Art. 918, Code of Criminal Procedure; Herron v. State, 27 Texas, 337; Cook v. State, 8 Texas Crim. App., 671.) The motion of the Assistant Attorney-General to dismiss the appeal is sustained.
The appeal is dismissed. Dismissed.