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161 Tex. Crim. 617

279 S.W.2d 879

Therrell v. State

Court of Criminal Appeals of Texas

Decided April 20, 1955

Court of Criminal Appeals of Texas · decided 1955-04-20

Relies on Hill v. Smithville Independent School Dist. · Skinner v. State

Decided 1955-04-20

WOODLEY, Judge.

¶1The appeal is from a conviction for aggravated assault; the punishment, two years in jail.

¶2The record contains no recognizance or bond on appeal, and there is no showing that appellant is confined in jail.

¶3A notation from the court’s docket suggesting that a recognizance may have been entered into is not sufficient. Steele v. State, 94 Texas Cr. Rep. 325, 251 S.W. 222.

¶4In the absence of a bond or recognizance substantially in the form prescribed by Art. 831 C.C.P., arid there being no showing that the defendant is confined in jail, we are without juris*618diction to enter any order other than to dismiss the appeal. Skinner v. State, 252 S.W. 2d 167.

¶5The appeal is dismissed.

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