Gray v. State

239 S.W. 953, 91 Tex. Crim. 484, 1922 Tex. Crim. App. LEXIS 258

Opinions

MORROW, Presiding Judge.

—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.