Opinion
No. 19321.
Delivered January 19, 1938.
Appeal Dismissed — Appeal Bond.
An appeal bond, which failed to recite that defendant had been convicted of a felony as provided by statute, was fatally defective, and such failure required dismissal of the appeal.
Appeal from the District Court of Tom Green County. Hon. John F. Sutton, Judge.
Appeal from conviction for assault with intent to murder; penalty, confinement in penitentiary for two years.
Appeal dismissed.
The opinion states the case.
W. W. Tupper, of San Angelo, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction for assault with intent to murder; punishment, two years confinement in the penitentiary.
The appeal bond in this cause is fatally defective in that it nowhere therein recites that the appellant has been "convicted of a felony," as provided by Art. 817, C. C. P., 1925. This failure will result in a dismissal of the appeal. See Jones v. State, 9 S.W.2d 347; Griffin v. State, 51 S.W.2d 593; Hendricks v. State, 55 S.W.2d 839.
Accordingly the appeal is dismissed.
Dismissed.