Opinion
No. 23322.
Delivered April 3, 1946.
Appeal Dismissed — Motion of State's Attorney.
Motion of state's attorney for dismissal of appeal on ground that caption was defective in failing to state adjourning date of trial court, that no notice of appeal was found in the record, and that the appeal bond was defective in that it did not comply with the provisions of the statute for either a recognizance or an appeal bond but was in nature of an appearance bond, was sustained, and the appeal dismissed.
Appeal from County Court of Jim Wells County. Hon. C. Woodrow Laughlin, Judge.
Appeal from conviction for driving an automobile upon a public road without the consent of the owner of the automobile; motion of State's attorney for dismissal of appeal sustained and appeal dismissed.
The opinion states the case.
J. Earl Barnhouse, of Alice, for appellant.
Ernest S. Goens, State's Attorney, of Austin, for the State.
Conviction is under Art. 1341 P. C. for driving an automobile upon a public road without the consent of the owner of said automobile, punishment assessed at confinement in the county jail for six months.
Our State's Attorney moves for dismissal of the appeal because: First, the caption is defective in failing to state the adjourning date of the trial court; second, no notice of appeal is found in the record. Art. 827 C. C. P.; third, the appeal bond is defective in that it does not comply with the provisions of the statute for either a recognizance or an appeal bond, but is in the nature of an appearance bond.
The motion is sustained, and the appeal dismissed.