Deming v. State

322 S.W.2d 543, 167 Tex. Crim. 592, 1959 Tex. Crim. App. LEXIS 1909

Opinions

The conviction is for burglary; the punishment, five years.

The record on appeal reflects that appellant gave notice of appeal on November 13, 1958, during the term of court at which he had been convicted.

The record further reflects that the appellant is at large on an appeal bond approved and filed during the term of court at which notice of appeal was given.

An appeal bond entered into during the term of court at which notice of appeal is given does not comply with the statute, Art. 830, Vernon's Ann.C.C.P., and does not confer jurisdiction upon this court to enter any order other than to dismiss the appeal. McCombs v. State, Tex.Cr.App., 307 S.W.2d 954.

The appeal is dismissed.

Opinion approved by the Court.

On Appellant's motion to Reinstate Appeal