Summary
holding defective an appeal bond not signed by two sureties, as required by law, but by one surety signing by attorney-in-fact
Summary of this case from Opinion No. GA-0288Opinion
No. 17857.
Delivered January 22, 1936. Rehearing Denied (Without Written Opinion) March 4, 1936.
Appeal Bond — Sureties.
Appeal bond which was not signed by two sureties, as required by law, one surety signing by attorney in fact, held defective, requiring dismissal of appeal.
Appeal from the District Court of Travis County. Tried below before the Hon. J. D. Moore, Judge.
Appeal from conviction for robbery; penalty, confinement in penitentiary for five years.
Appeal dismissed.
The opinion states the case.
J. B. Petty, of Austin, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction for robbery; punishment, five years in the penitentiary.
We are met at the threshold of the consideration of this case with the fact that the appeal bond is not signed by two sureties as required by law. The bond appears to be signed by one surety, and by another who signs by attorney in fact. This court held in Ex parte Albert Meadows, No. 17962, decided October 31, 1935 (129 Tex.Crim. Rep.), that a surety to a bond in a case of this kind could not sign by an attorney in fact. The appeal bond being defective, this court has no jurisdiction.
The appeal will be dismissed.
Dismissed.