Opinion
No. 19876.
Delivered November 9, 1938.
Bail Pending Appeal — Jurisdiction.
Where appeal bond of defendant, who had been convicted of murder without malice, failed to state that the defendant "had been convicted of a felony" as required by statute, and failed to bear the approval of the trial judge as required by statute, the Court of Criminal Appeals was without jurisdiction to consider the appeal.
Appeal from the District Court of Bowie County. Hon. R. H. Harvey, Judge.
Appeal from conviction for murder without malice; penalty, confinement in penitentiary for two years.
Appeal dismissed.
The opinion states the case.
Sidney Lee, of New Boston, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The conviction is for murder without malice; penalty assessed at confinement in the penitentiary for two years.
The appeal bond found in the transcript is fatally defective because it fails to state that the appellant "has been convicted of a felony," as is required by Article 817, C. C. P. The bond is further defective in failing to bear the approval of the trial judge as is required by Article 818, C. C. P.
Because of said defects, this Court is without jurisdiction to consider the appeal. It is therefore dismissed.