Payne v. State

Court of Criminal Appeals of Texas

Payne v. State

44 S.W.2d 380

CourtCourt of Criminal Appeals of Texas

DecidedNovember 25, 1931

DocketNos. 14572, 14573

StatusPublished

This text of 44 S.W.2d 380 (Payne 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

Payne v. State, 44 S.W.2d 380 (Tex. 1931).

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Opinion

LATTIMORE, J.' ,

Conviction for burglary; punishment, two years in the penitentiary.

The appeal in this case will have to be dismissed because the appeal bond appearing in the record has not been approved by the trial judge, as required by statute. Article 818, C. O. P., plainly requires that, before a bail bond upon appeal is accepted, same must be approved “by such sheriff and the court trying said cause, or his successor in office.” The bond in this case is approved only by the sheriff.

The appeal will be dismissed.

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LATTIMORE, J.' ,

Conviction for burglary; punishment, two years in the penitentiary.

The appeal in this case will have to be dismissed because the appeal bond appearing in the record has not been approved by the trial judge, as required by statute. Article 818, C. O. P., plainly requires that, before a bail bond upon appeal is accepted, same must be approved “by such sheriff and the court trying said cause, or his successor in office.” The bond in this case is approved only by the sheriff.

The appeal will be dismissed.

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Bluebook (online)

44 S.W.2d 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-state-texcrimapp-1931.