¶1The offense is drunk driving; the punishment, 3 days in jail and a fine of $50.
¶2The transcript contains no bond or recognizance substantially in the form required by statute, and appellant not being-in jail, this Court is without jurisdiction to enter any order except to dismiss the-appeal. Arts. 830-831, Vernon’s Ann.. C.C.P.; Therrell v. State, 161 Tex.Cr.R.. 617, 279 S.W.2d 879; Choice v. State, 164 Tex.Cr.R. 224, 298 S.W.2d 148 and cases there cited.
¶3The appeal is dismissed.
¶4On Motion to Reinstate Appeal
¶5The record having been perfected the motion to reinstate is granted.
¶6No statement of facts accompanies the record.
¶7Appellant presents only one formal bill of exception. He complains therein of the trial court permitting the arresting officer to testify in. rebuttal that he knew that the time of appellant’s arrest was 11:20 P.M. because he noted that time on the ticket, and that it was not around 9:45 to 10 P.M., as the appellant had previously testified. Error is urged on the ground that the witnesses had been placed under the rule, but the officer had sat in the court room while the appellant was testifying, although his services in connection with the court were not necessary; and that the ticket was hearsay evidence.
¶8There is no certification in the bill that no other evidence was introduced upon the trial pertaining to the time and the *857ticket. Hence the bill cannot be appraised in the absence of a statement of facts. 5 Tex.Jur.2d 254, Sec. 161.
¶9The judgment is affirmed.
¶10Opinion approved by the Court.