[1,2] The transcript contains an -indictment with an order of transfer of said indictment from the district court to the county court. It contains a judgment nisi forfeiting appellant’s bond; it contains a hill of exceptions not approved by the judge, hut attempted to be proved by bystanders. The affidavit of the bystanders is taken by the attorney in the case, and, of course, cannot be considered. Then we have the jailer’s certificate of commitment. This is the record. It is somewhat difficult to understand just what character of proceeding this was intended to be. The bill of exception being out of consideration, there 'is nothing for the court to consider. There is no notice of appeal, and no action of the court below except the judgment nisi on the forfeited bail bond. In this condition of the record there is nothing for this court to consider, and the appeal is dismissed from the docket.
BOSTICK v. STATE.
(No. 4494.)
(Court of Criminal Appeals of Texas.
May 30, 1917.)
1. Affidavits <®=3o — Pbksons Who Mat Take —Attobney.
A purported bystander’s bill of exceptions sworn to before the defendant’s attorney can in no circumstances be considered.
(Ed. Note. — Eor other cases, see Affidavits, Cent. Dig. §§ 18-27.]
2. Bail <&=>94-Appeal — Scope—Records— Sufficiency.
Where the transcript contains an indictment, order of transfer of the indictment from the district to the county court, a judgment nisi forfeiting a bail bond, and a bill of exceptions not approved by the judge, but sworn to by bystander whose affidavit was taken by an attorney in the case, and a bailor’s certificate of commitment, there is nothing for the court to consider and the appeal will be dismissed.
[Ed. Note. — Eor other cases, see Criminal Law, Cent. Dig. §§ 2776, 2SS6.]
Appeal from Rockwall County Court; J. W. Reese, Judge.
Frank Bostick was charged with an offense, and there was judgment forfeiting his bail bond, and he appeals.
Appeal dismissed.
E. B. Hendricks, Asst. Atty. Gen., for the State.
Case Details
195 S.W. 863
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