Opinion
No. 12678.
Delivered October 30, 1929.
Appeal — Recognizance.
Where two are prosecuted and appeal, they must each enter into a separate recognizance. A joint recognizance will not confer jurisdiction of the appellate court.
Appeal from the County Court at Law of Harris County. Tried below before Hon. R. W. Adams, Jr., Judge.
Appeal from a conviction for tampering with an automobile, penalty 60 days in jail.
The opinion states the case.
Robert M. Washburn of Houston, for appellant.
A. A. Dawson of Canton, State's Attorney, for the State.
The offense is tampering with an automobile; the punishment confinement in jail for sixty days.
Appellants entered into a joint recognizance. A joint recognizance on appeal will not confer jurisdiction on this court. Our decisions are to the effect that each appellant must give a separate recognizance. Branch's Annotated Penal Code of Texas, sec. 614. Irvin v. State, 32 S.W. 899; Bowers v. State, 33 S.W. 974; Goldman v. State, 34 S.W. 122; McMeans v. State, 38 S.W. 998; Hodges v. State, 38 S.W. 1019; Hogg v. State, 48 S.W. 580; Haverbekken et al. v. State, 200 S.W. 524.
Appellants are granted fifteen days from this date in which to perfect their appeal.
The appeal is dismissed.
Appeal 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.