Opinion
No. 15475.
Delivered December 14, 1932.
Theft — Appeal — Bond, Approval of.
Where the appeal bond is not approved by the sheriff it is defective and the appeal will be dismissed.
Appeal from the District Court of Johnson County. Tried below before the Hon. O. B. McPherson, Judge.
Appeal from a conviction for theft of chickens; penalty, confinement in the penitentiary for one year.
Appeal dismissed.
The opinion states the case.
A. C. Chrisman and Gean B. Turner, both of Cleburne, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Theft of chickens is the offense; penalty assessed at confinement in the penitentiary for one year.
From the record it appears that the appellant is at large by virtue of an appeal bond. The bond is defective in that it fails to show that it was approved by the sheriff. See article 818, C. C. P., 1925. In the absence of a sufficient bond, it is the duty of this court to dismiss the appeal, which is accordingly done, with the statement, however, that the appeal will be reinstated upon the filing in the court below, a bond in compliance with the statute, article 835, C. C. P., and a certified copy thereof in this court within fifteen days.
The appeal is dismissed.
Dismissed.