Opinion
No. 2236.
Decided January 29, 1913.
Adultery — Recognizance — Punishment.
Where the recognizance failed to state the amount of punishment, the appeal must be dismissed on motion of the State.
Appeal from the County Court of Raines. Tried below before the Hon. O.H. Rodes.
Appeal from a conviction of adultery; penalty, a fine of $250.
The opinion states the case.
No brief on file for appellant.
C.E. Lane, Assistant Attorney-General, for the State.
On motion of the Assistant Attorney-General the appeal in this case must be dismissed. The recognizance is insufficient in that it fails to state the amount of the punishment. The statute requires that this shall be done.
For the reason indicated the motion to dismiss the appeal is sustained.
Dismissed.