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338 S.W.2d 731

Carter v. State

Decided May 25, 1960

Cited by 1 later decisions — most recently November 1964

1 state decisions

Relies on 163 Tex. Crim. 40 - Reid v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1960-05-25

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WOODLEY, Judge.

¶1The offense is felony theft; the punishment, 2 years.

¶2It appears from the transcript that appellant is at large upon recognizance on appeal which is not set out in the transcript.

¶3In the absence of a recognizance or bond substantially in the form required by statute, the appellant not being confined in jail, this court is without jurisdiction to enter any order except to dismiss the appeal. Reid v. State, 163 Tex.Cr.R. 40, 289 S.W. 2d 237.

¶4The appeal is dismissed.

¶5On Motion To Reinstate Appeal

MORRISON, Presiding Judge.

¶6A supplemental transcript has been forwarded to this Court, but we find the recog*732nizance set out therein to be the same as that contained in the original transcript and which we found not to be in the form required by statute.

¶7Motion to reinstate the appeal is denied.

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