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165 Tex. Crim. 401

McCombs v. State

Court of Criminal Appeals of Texas

Decided December 18, 1957

Court of Criminal Appeals of Texas · decided 1957-12-18

Relies on Nesbit v. State · Banti v. State · 154 Tex. Crim. 450 - Fowler v. State

Decided 1957-12-18

DICE, Judge.

¶1*402The conviction is for driving while intoxicated; the punishment, 3 days in jail and a fine of $150.00.

¶2The record reflects that the appellant’s motion for new trial was overruled on April 20, 1957 during the March term of the trial court and notice of appeal was given on that date.

¶3The record further reflects that the appellant is at large on an appeal bond approved and filed during the term of court at which notice of appeal was given.

¶4An appeal bond entered into during the term of court at which notice of appeal is given does not comply with the statute, Art. 830, V.A.C.C.P., and does not confer jurisdiction upon this court to enter any order other than to dismiss the appeal. Fowler v. State, 154 Texas Cr. Rep. 450, 228 S.W. 2d 512, Banti v. State, 163 Texas Cr. Rep. 89, 289 S.W. 2d 244 and Nesbit v. State, No. 29,119, (page 336, this volume), 306 S.W. 2d 901.

¶5The appeal is dismissed.

¶6Opinion approved by the Court.

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