¶1The conviction is for driving while intoxicated; the punishment, 5 days in jail and a fine of $100.
¶2The record shows that appellant gave notice of appeal to this court on the day of his conviction; and it further shows that he filed an appeal bond on the same day.
¶3Hence appellant has, during the term at which he was convicted, entered into an appeal bond instead of a recognizance as is required by law.
¶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, Vernon’s Ann. C.C.P., and does not confer jurisdiction upon this court to enter any order except to dismiss the appeal. McCombs v. State, 165 Texas Cr. Rep. 401, 307 S.W. 2d 954.
¶5The appeal is dismissed.
¶6Opinion approved by the Court.