Opinion
No. 21508.
Delivered March 19, 1941.
Appeal Dismissed — Caption — Adjournment of Trial Court.
Where the caption failed to show the date of the adjournment of the trial court, the defect required a dismissal of the appeal from conviction for theft of cattle.
Appeal from District Court of Wood County. Hon. Bascom Gist, Judge.
Appeal from conviction for theft of cattle; penalty, because of repetition of offenses, confinement in the penitentiary for life.
Appeal dismissed.
No attorney of record on appeal for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is theft of cattle. The indictment embraced averments showing that appellant had theretofore been twice convicted of felonies less than capital. Because of repetition of offenses, the punishment was assessed at confinement in the penitentiary for life.
The caption fails to show the date of the adjournment of the trial court. Under the decisions, this defect requires a dismissal of the appeal. Burleson v. State, 102 S.W.2d 1063.
The appeal is 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.