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78 Tex. Crim. 431

181 S.W 727

Wheat v. State

Court of Criminal Appeals of Texas

Decided January 5, 1916

Court of Criminal Appeals of Texas · decided 1916-01-05

Tried below before the' Hon. Jesse M. Brown. Appeal from a conviction of selling liquor without license; penalty, a fine of $500 and one day confinement in the county jail. The recognizance failed to conclude with the words “In this case.” On question of insufficient recognizance: Lindsey v. State, 59 Texas Grim. Rep., 273; Harden v. State, 62 Texas Crim. Rep., 84, 136 S. W. Rep., 768.

Cited by 2 later decisions — most recently January 1967

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1916-01-05

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PRENBERGAST, Presiding Judge.

¶1 This is an appeal from a conviction for selling liquor in non-probibition territory without any license.

¶2 The recognizance is fatally defective, as has many times been held by this court. It will, therefore, be necessary to dismiss this appeal.

¶3 However, we might say that there is neither a bill of exception nor a statement of facts, and no question raised which can be reviewed in the absence of these. It would, therefore, seem useless to correct the recognizance, as the case shown by this record would necessarily be affirmed if a correct recognizance had been entered into.

¶4 The appeal is dismissed.

¶5 'Dismissed.

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