Pleasant v. State

Court of Criminal Appeals of Texas

Pleasant v. State

128 S.W.2d 813, 137 Tex. Crim. 154, 1939 Tex. Crim. App. LEXIS 345

CourtCourt of Criminal Appeals of Texas

DecidedApril 26, 1939

DocketNo. 20391.

StatusPublished

Cited by5 cases

This text of 128 S.W.2d 813 (Pleasant 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

Pleasant v. State, 128 S.W.2d 813, 137 Tex. Crim. 154, 1939 Tex. Crim. App. LEXIS 345 (Tex. 1939).

Pincite

Opinions

The offense is assault with intent to murder; the punishment, confinement in the penitentiary for two years.

The term of court at which appellant was tried adjourned without appellant having entered into a recognizance on appeal. On the 29th of November, 1938, appellant, as principal, together with his sureties, made and entered into an appeal bond in the sum of $750, which was approved by the sheriff alone on the 30th day of November, 1938. The bond failed to show the approval of the trial judge, as required by Article 818, C. C. P. In this respect it is fatally defective. Hence this court is without jurisdiction. Lamb v. State, 108 S.W.2d 1112, and authorities cited.

The appeal is 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. *Page 156

ON APPELLANT'S MOTION TO REINSTATE THE APPEAL.

Free access — add to your briefcase to read the full text and ask questions with AI

The offense is assault with intent to murder; the punishment, confinement in the penitentiary for two years.

The term of court at which appellant was tried adjourned without appellant having entered into a recognizance on appeal. On the 29th of November, 1938, appellant, as principal, together with his sureties, made and entered into an appeal bond in the sum of $750, which was approved by the sheriff alone on the 30th day of November, 1938. The bond failed to show the approval of the trial judge, as required by Article 818, C. C. P. In this respect it is fatally defective. Hence this court is without jurisdiction. Lamb v. State, 108 S.W.2d 1112, and authorities cited.

The appeal is 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. *Page 156

ON APPELLANT'S MOTION TO REINSTATE THE APPEAL.

Cite This Page — Counsel Stack

Bluebook (online)

128 S.W.2d 813, 137 Tex. Crim. 154, 1939 Tex. Crim. App. LEXIS 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pleasant-v-state-texcrimapp-1939.

Opinions

Related

Cite This Page — Counsel Stack