147 S.W. 251
Court of Criminal Appeals of Texas
Decided May 8, 1912
Court of Criminal Appeals of Texas · decided 1912-05-08
<p>Bail (§ 64*) — Recognizance on Appeal.</p> <p>A recognizance executed by accused after the adjournment of the court, and not entered into in open court, as required by statute, is insufficient; and the appeal must be dismissed on motion of the state.</p> <p>[Ed. Note. — Por other cases, see Bail, Cent. Dig. § 278; Dec. Dig. § 64.*]</p>
Cited by 1 later decisions — most recently May 1942
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Dismissed · Decided 1912-05-08
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¶1Some days after the adjournment of court, appellant executed a bond, which is placed in the record as his recognizance or appeal bond. The Assistant Attorney General moves to dismiss the appeal, because, in the first place, the instrument is not a recognizance; and, in the second place, it was executed after the adjournment of court. The statute requires that the recognizance must be entered into in open court.
¶2The motion to dismiss is well taken; and the appeal is dismissed.