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Hendricks v. State

55 S.W.2d 839, 122 Tex. Crim. 429, 1932 Tex. Crim. App. LEXIS 761
CourtCourt of Criminal Appeals of Texas
DecidedJune 15, 1932
DocketNo. 15197.
StatusPublished
Cited by6 cases

This text of 55 S.W.2d 839 (Hendricks 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
Hendricks v. State, 55 S.W.2d 839, 122 Tex. Crim. 429, 1932 Tex. Crim. App. LEXIS 761 (Tex. 1932).

Opinions

The offense is embezzlement; the punishment, confinement in the penitentiary for six years.

The recognizance recites that appellant "stands charged with the offense of embezzlement of $50.00 or over," but fails to show that appellant has been convicted. It is necessary that the recognizance or appeal bond show that the appellant has been convicted. Article 817, C. C. P.; Wilmering v. State,100 Tex. Crim. 169, 272 S.W. 463; Wall v. State,110 Tex. Crim. 116, 7 S.W.2d 958. Appellant being enlarged under a defective recognizance, this court is without jurisdiction. Rhea v. State, 101 Tex.Crim. Rep.,275 S.W. 1021; Wall v. State, supra.

The appeal is dismissed.

Dismissed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

ON MOTION TO REINSTATE APPEAL.

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Ex Parte Miers
64 S.W.2d 778 (Court of Criminal Appeals of Texas, 1933)

Cite This Page — Counsel Stack

Bluebook (online)
55 S.W.2d 839, 122 Tex. Crim. 429, 1932 Tex. Crim. App. LEXIS 761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hendricks-v-state-texcrimapp-1932.