Clepper v. State

297 S.W.2d 172, 164 Tex. Crim. 89, 1957 Tex. Crim. App. LEXIS 2045

Opinions

WOODLEY/ Judge.

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.