Hart v. State
This text of 84 S.W. 692 (Hart 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.
Opinion
Appellant was convicted of a misdemeanor. The Assistant Attorney-General has filed a motion to dismiss the appeal because of an alleged defect in the recognizance. The grounds of objection are, (1) that it does not state the amount of the fine-assessed against appellant; and (2) it does not recite that appellant was convicted of a misdemeanor, but in lieu thereof attempts to set out an offense in terms. The recitation is as follows: “who stands charged in this court with the offense of using abusive language, and who has been convicted of said offense in this court.” The bond is defective in both particulars. See art. 887, Code Crim. Proc.; May v. State, 40 Texas Crim. Rep., 196. The appeal is accordingly dismissed.
Dismissed.
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Cite This Page — Counsel Stack
84 S.W. 692, 47 Tex. Crim. 502, 1905 Tex. Crim. App. LEXIS 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hart-v-state-texcrimapp-1905.