Cox v. State
This text of 5 S.W.2d 521 (Cox 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.
Opinion
Conviction is for assault with intent to commit robbery, punishment three years in the penitentiary.
The record before us contains neither statement of facts nor bills of exception, hence nothing is presented for review. However, we find ourselves without authority to enter any order save dismissing the appeal because of a defective recognizance which confers no jurisdiction on this court. The recognizance merely recites that appellant “stands charged” with an offense and omits a recital that he has been “convicted.” (Art. 817, C. C. P.; Sanders v. State, 201 S. W. 411; Thompson v. State, 243 S. W. 848; Bethune v. State, 95 Tex. Crim. Rep. 508, 254 S. W. 798; Daniels v. State, 95 Tex. Crim. Rep. 649, 255 S. W. 444; Wilmering v. State, 100 Tex. Crim. Rep. 169, 272 S. W. 463; Lynch v. State, 102 Tex. Crim. Rep. 638, 279 S. W. 271.) The state’s motion to dismiss the appeal for the defect in the recognizance must prevail.
The appeal is dismissed.
Dismissed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
5 S.W.2d 521, 109 Tex. Crim. 465, 1928 Tex. Crim. App. LEXIS 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-state-texcrimapp-1928.