Public-domain · open source
OpenJurist

135 S.W. 123

Drake v. State

Court of Criminal Appeals of Texas

Decided February 22, 1911

Court of Criminal Appeals of Texas · decided 1911-02-22

<p>Criminal Law (§ 1076*) — Appeal—Recognizance-Sufficiency.</p> <p>A recognizance on appeal, which does not charge that accused was convicted of a misdemeanor, nor use language stating any offense, nor showing the punishment assessed, is insufficient, and the appeal must be dismissed.</p> <p>[Ed. Note. — For other cases, see Criminal Raw, Cent. Dig. §§ 2708-2716; Dec. Dig. § 1076.*]</p>

Dismissed · Decided 1911-02-22

HARPER, J.

¶1The Assistant Attorney General has filed a motion to dismiss the appeal, because the recognizance does not charge that appellant was convicted of a misdemeanor, and does not use language that would state any offense against the laws of the state, neither does it show the punishment assessed against him.

¶2The motion is sustained, and the cause dismissed.

/135/sw/123 · .json · Public domain