Home/Court of Criminal Appeals of Texas/Clark v. State

Clark v. State

57 S.W. 847, 41 Tex. Crim. 635, 1900 Tex. Crim. App. LEXIS 59
CourtCourt of Criminal Appeals of Texas
DecidedApril 11, 1900
DocketNo. 1893.
StatusPublished
Cited by6 cases

This text of 57 S.W. 847 (Clark v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. State, 57 S.W. 847, 41 Tex. Crim. 635, 1900 Tex. Crim. App. LEXIS 59 (Tex. 1900).

Opinion

DAVIDSON, Presiding Judge.

Appellant was convicted in the county court of theft, and his punishment assessed at ten days confinement in the county jail and a fine of $25. Motion is made by the Assistant Attorney-General to dismiss the appeal because the recognizance fails to state the punishment as required by the statute. The recognizance states the punishment to be a fine of $25, omitting the ten days imprisonment in the ocunty jail. The statute requires that the punishment assessed by the jury shall he stated in the recognizance, and, as this has not been done, that instrument is fatally defective, and the motion to dismiss the appeal is sustained. The appeal is accordingly dismissed.

Dismissed.

Henderson, Judge, absent.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ex Parte Tucci
859 S.W.2d 1 (Texas Supreme Court, 1993)
Aldridge v. State
342 S.W.2d 104 (Court of Criminal Appeals of Texas, 1960)
Allen v. State
189 S.W.2d 753 (Court of Criminal Appeals of Texas, 1945)
Merfett v. State
135 S.W. 573 (Court of Criminal Appeals of Texas, 1911)
Mays v. State
96 S.W. 329 (Court of Criminal Appeals of Texas, 1906)

Cite This Page — Counsel Stack

Bluebook (online)
57 S.W. 847, 41 Tex. Crim. 635, 1900 Tex. Crim. App. LEXIS 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-state-texcrimapp-1900.