Clepper v. State
This text of 297 S.W.2d 172 (Clepper 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.
Opinions
The offense is assault with intent to murder; the punishment, three years.
Motion for new trial was overruled and notice of appeal given on June 22, 1956.
From the record it appears that on April 25, 1956, long prior to the date notice of appeal was given, appellant and his sureties entered into recognizance on appeal.
A recognizance on appeal entered into before notice of appeal was given is insufficient to confer jurisdiction on this Court. Hallman v. State, 113 Tex.Cr.R. 100, 18 S.W.2d 652; Ramirez v. State, Tex.Cr.App., 293 S.W.2d 653.
The appeal is dismissed.
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Cite This Page — Counsel Stack
297 S.W.2d 172, 164 Tex. Crim. 89, 1957 Tex. Crim. App. LEXIS 2045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clepper-v-state-texcrimapp-1957.