28 Tex. 327
Decided December 15, 1866
Texas Supreme Court · decided 1866-12-15
The case was tried before Hon. Thomas H. Stribling, one of the district judges. The appellee was indicted for taking up and using an estray without complying with the laws regulating estrays. On motion of the defendant the indictment was quashed, and an appeal was taken by the State; but the defendant was not required to enter into recognizance.
Decided 1866-12-15
¶1—The defendant in this case has not entered into a recognizance, as required by Art. 723 of the Code of Criminal Procedure. This court has heretofore decided that it will not entertain such an appeal where the defendant is not under recognizance. (State v. Paschal, 22 Tex., 584; State v. Fatheree, 23 Tex., 202.) Under the authority of these decisions, the present appeal will be dismissed.
¶2Ordered accordingly.