Loyd v. State

Full title: PAT LOYD v. THE STATE

Court: Court of Criminal Appeals of Texas

Date published: Dec 3, 1930

33 S.W.2d 442 (Tex. Crim. App. 1930)

33 S.W.2d 442

Opinion

No. 14026.

Delivered December 3, 1930.

Intoxicating Liquor — Recognizance.

The recognizance reciting that appellant has been convicted of unlawfully possessing intoxicating liquor is defective and confers no jurisdiction on appellate court, since there is no such offense.

Appeal from the District Court of Upshur County. Tried below before the Hon. Gordon Simpson, Judge.

Appeal from a conviction for the possession of intoxicating liquor for the purpose of sale; penalty, confinement in the penitentiary for one year.

The opinion states the case.

Lloyd W. Davidson, State's Attorney, of Austin, for the State.

CHRISTIAN, JUDGE. —

The offense is possession of intoxicating liquor for the purpose of sale; the punishment, confinement in the penitentiary for one year.

The recognizance on appeal is fatally defective. It merely states that the appellant has been convicted of unlawfully possessing intoxicating liquor. There is no such offense. The statute defines the offense of possession of intoxicating liquor for the purpose of sale. The appeal must be dismissed. Allen v. State, 18 S.W.2d 676.

The appeal is dismissed. Appellant is granted 15 days from this date in which to perfect his 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.

HAWKINS, J., absent.