¶1The offense is establishing a lottery; the punishment, a fine of $100.
¶2We find in the transcript a statement by the clerk of the trial court, as follows:
“Defendant not in custody.
*266“Defendant not under recognizance.
“Defendant not under appeal bond.”
¶3Under all of the authorities this court is without jurisdiction. See Grant v. State, 7 S. W. (2d) 90.
¶4The appeal is dismissed.
¶5Appeal dismissed.
¶6The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.