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Goodwin v. State

138 S.W. 399, 63 Tex. Crim. 140, 1911 Tex. Crim. App. LEXIS 383
CourtCourt of Criminal Appeals of Texas
DecidedFebruary 15, 1911
DocketNo. 962.
StatusPublished
Cited by23 cases

This text of 138 S.W. 399 (Goodwin 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
Goodwin v. State, 138 S.W. 399, 63 Tex. Crim. 140, 1911 Tex. Crim. App. LEXIS 383 (Tex. 1911).

Opinions

HARPER, Judge.

The appellant in this case was tried and convicted in the County Court of Jefferson County, charged with a misdemeanor.

The Assistant Attorney-General has filed a motion to dismiss this appeal because of the insufficiency of the recognizance, in that said recognizance does not state the punishment assessed against the appellant. In May v. State, 40 Texas Crim. Rep., 196, it is held: “The Twenty-Fifth Legislature amended article 887 of the Code of Criminal Procedure, and provided a form for recognizance on appeal in misdemeanor cases. Among other things, said bond is conditioned that 'appellant, who has been convicted in this case of a misdemeanor and his punishment assessed at $-, as more fully appears from the judgment of conviction, shall appear before this court/ etc., and *142 a recognizance that does not state the punishment assessed is insufficient.”

In this case the recognizance is defective in that particular, and the motion of the Assistant Attorney-General is sustained, and the appeal in this case is dismissed.

Dismissed.

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Bluebook (online)
138 S.W. 399, 63 Tex. Crim. 140, 1911 Tex. Crim. App. LEXIS 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodwin-v-state-texcrimapp-1911.