Opinion
No. 13829.
Delivered December 17, 1930.
Appeal. — Recognizance.
A recognizance in the form of an ordinary appearance bond is fatally defective and confers no jurisdiction on the appellate court.
Appeal from the District Court of Waller County. Tried below before the Hon. S. A. McCall, Judge.
Appeal from a conviction for aggravated assault; penalty, a fine of $1,000 and confinement in jail for thirty days.
Appeal dismissed.
The opinion states the case.
J. E. Edmondson, of Bellville, and Tompkins McDade, of Hempstead, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is aggravated assault; the punishment, a fine of one thousand dollars and confinement in jail for thirty days.
The recognizance for the appeal is fatally defective. It is in the form of an ordinary appearance bond. Nowhere therein is appellant bound to abide the "judgment of the Court of Criminal Appeals of the State of Texas." Article 831, C. C. P.; Lynch v. State, 102 Tex.Crim. Rep., 279 S.W. 271. Appellant being enlarged on a fatally defective recognizance, this court is without jurisdiction. Read v. State, 109 Tex.Crim. Rep., 4 S.W.2d 547.
The appeal is dismissed.
Dismissed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.