Opinion
Motion to Reinstate Appeal Denied Jan. 4, 1950.
E. B. Locke was convicted in the County Court, Donley County, W. J. Williams, J., of drunk driving, and he appealed.
The Court of Criminal Appeals, Graves, J., dismissed the appeal on the ground that appeal bond had not been given and that the defendant was not then confined in jail.
W. J. Lowe, Clarenden, for appellant.
George P. Blackburn, State's Atty., of Austin, for the State.
GRAVES, Judge.
Appellant was convicted of drunk driving and by the jury fined the sum of $50.00, and from a judgment thereunder he appeals.
Page 180.
This cause was tried on August 3, 1949, and judgment rendered on the same date. Notice of appeal was entered of record on August 24, 1949, and the amount of bond was fixed at the sum of $150.00.
It is now made known to this court that neither a recognizance nor an appeal bond has been entered into by the appellant, and that he is not confined in jail. The State's Attorney moves to dismiss the appeal. See Art. 830, note 2, Vernon's Ann.C.C.P., Vol. 3, and cases cited; also Grant v. State, 110 Tex.Cr.R. 9, 7 S.W.2d 90; and Tristan v. State, Tex.Cr.App., 16 S.W.2d 1081.
The motion is granted and the appeal is dismissed.