Gerlach v. State

Court of Criminal Appeals of Texas

Gerlach v. State

29 S.W.2d 349, 115 Tex. Crim. 132, 1930 Tex. Crim. App. LEXIS 374

CourtCourt of Criminal Appeals of Texas

DecidedMay 28, 1930

DocketNo. 13399.

StatusPublished

Cited by1 cases

This text of 29 S.W.2d 349 (Gerlach 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

Gerlach v. State, 29 S.W.2d 349, 115 Tex. Crim. 132, 1930 Tex. Crim. App. LEXIS 374 (Tex. 1930).

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Opinions

The offense is vagrancy; the punishment, a fine of two hundred dollars.

There is nothing to show that the recognizance found in the transcript was recorded in the minutes of the court as required by law. Rogers v. State, 213 S.W. 637. Moreover, the recognizance shows to have been entered into on November 39, 1929, which is an impossible date. We are unable to determine whether the recognizance was entered into during term time. Texas Jurisprudence, vol. 4, sec. 84. The state's motion to dismiss the appeal must be sustained.

The appeal is dismissed.

Appeal dismissed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

ON APPELLANT'S MOTION TO REINSTATE APPEAL.

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