Opinion
No. 16399.
Delivered May 16, 1934.
Appeal Bond.
In prosecution for burglary, where appeal bond was made and entered into after adjournment of trial term of court and bears approval of sheriff, but not trial judge, as required by article 818, C. C. P., Court of Criminal Appeals without jurisdiction to pass on merits of case.
Appeal from the Criminal District Court of Nueces County. Tried below before the Hon. Geo. C. Westervelt, Judge.
Appeal from conviction for burglary; penalty, confinement in the penitentiary for two years.
Appeal dismissed.
The opinion states the case.
Woodard Edgar, of Corpus Christi, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin for the State.
Conviction for burglary; punishment, two years in the penitentiary.
In considering appellant's motion for rehearing our attention is drawn to the fact that the appeal bond in this case, which was made and entered into after the adjournment of the trial term of the court below, is defective in that same bears the approval only of the sheriff and is not approved by the trial judge as is required by article 818, C. C. P. The lack of a sufficient bond deprives this court of its jurisdiction to pass on the merits of the case, and the original opinion herein is withdrawn, and the appeal is ordered dismissed.
Dismissed.