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McCoy v. State

162 S.W.2d 976, 144 Tex. Crim. 309, 1942 Tex. Crim. App. LEXIS 317
CourtCourt of Criminal Appeals of Texas
DecidedMay 13, 1942
DocketNo. 22119.
StatusPublished
Cited by8 cases

This text of 162 S.W.2d 976 (McCoy 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
McCoy v. State, 162 S.W.2d 976, 144 Tex. Crim. 309, 1942 Tex. Crim. App. LEXIS 317 (Tex. 1942).

Opinions

GRAVES, Judge.

Appellant was convicted by a jury of robbery by assault, and assessed a term of five years in the penitentiary.

The term of court at which this cause was tried adjourned on December 12, 1941. It is evident from the record that appellant did not enter into a recognizance during the term of court at which this trial was had, but entered into an appeal bond dated December 15, 1941, and approved by the district judge on December 24, 1941. It appears, however, that the sheriff's approval is not found on such bond as is required by Art. 818, C. C. P., which says, in part:

“* * * Before such bail bond shall be' accepted and the defendant released from custody by reason thereof, the same must be approved by such sheriff and the court trying such cause or his successor in office.”

Because of the failure to have the sheriff’s approval on said bond, the same is fatally defective. See annotations under Art. 818, Vernon’s Ann. C. C. P., Vol. 3, Note 1.

The appeal is dismissed.

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Cite This Page — Counsel Stack

Bluebook (online)
162 S.W.2d 976, 144 Tex. Crim. 309, 1942 Tex. Crim. App. LEXIS 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccoy-v-state-texcrimapp-1942.