Gray v. State
This text of 224 S.W. 513 (Gray 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.
Opinions
Appellant appeals from a conviction for murder in which he was allotted five years in the penitentiary.
The Assistant Attorney General moves to dismiss the appeal because the appeal bond is not in compliance with the statute. Appellant did not enter into a recognizance during the term but gave an appeal bond after the adjournment of court. This bond was approved by the sheriff but not by the judge who tried the case as required by the statute. See C. C. P., Art. 904. Under that statute it is necessary where an appeal bond is given not only for it to be approved by the sheriff but it must also be approved by the judge who tried the case, or his successor in office. This bond was not ap *3 proved by the judge, and, therefore, it is not in compliance with the law.
The motion of the Assistant Attorney General is well taken and must be sustained. The appeal is dismissed.
Dismissed.
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Cite This Page — Counsel Stack
224 S.W. 513, 88 Tex. Crim. 1, 1920 Tex. Crim. App. LEXIS 321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-state-texcrimapp-1920.