Jenkins v. State

216 S.W. 183, 86 Tex. Crim. 266, 1919 Tex. Crim. App. LEXIS 402

Opinion

MORROW, Judge.

—The appellant was convicted of aggravated; assault. The only entry we find relating to a recognizance is as-follows -.

“Recognizance fixed at $1,000. Made and executed by Grady Jenkins, N. A. Jenkins, and G. T. Sandige.”

Our statute prescribes the form of recognizance in misdemeanor cases—see Vernon’s Criminal Statutes, vol. 2, art, 919; and art. 920 forbids this court from entertaining an appeal where a recognizance is required unless one is made in substantial compliance with" the form prescribed in the statute. Because the record fails to show a compliance with these statutes the State through the Assist ant Attorney General moves that the appeal be dismissed, which motion we are constrained to sustain.

The appeal is dismissed.

Dismissed.