Gray v. State
This text of 239 S.W. 953 (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
—The conviction is for misdemeanor theft. The recognizance concludes with these words: “. . . to abide the judgment of the Court of Criminal Appeals of the State of Texas.
It. is incomplete in that it omits the words: “in this ease.”
The purpose of the recognizance is that the judgment of the Court of Criminal Appeals will be performed 'in the particular case in which the recognizance is made. In a number of instances, it has been necessary to dismiss the appeal because of the same omission as that apparent in the present instance. Bodkins v. State, 75 Texas Crim. Rep., 499; 172 S. W. Rep., 217; Branch’s Ann. Texas Penal Code, p. 315, sec. 620.
The motion made by the State to dismiss the appeal must be sustained.
Dismissed.
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Cite This Page — Counsel Stack
239 S.W. 953, 91 Tex. Crim. 484, 1922 Tex. Crim. App. LEXIS 258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-state-texcrimapp-1922.