Rathert v. State

Court of Criminal Appeals of Texas

Rathert v. State

72 S.W.2d 276, 126 Tex. Crim. 484, 1934 Tex. Crim. App. LEXIS 740

CourtCourt of Criminal Appeals of Texas

DecidedMarch 28, 1934

DocketNo. 16522.

StatusPublished

Cited by7 cases

This text of 72 S.W.2d 276 (Rathert 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

Rathert v. State, 72 S.W.2d 276, 126 Tex. Crim. 484, 1934 Tex. Crim. App. LEXIS 740 (Tex. 1934).

Pincite

Opinions

Keeping a place to store intoxicating liquor is the offense; penalty assessed at confinement in the penitentiary for one year.

The appeal cannot be considered for the reason that it appears that appellant is on bail and the bail bond fails to comply with the statutory requirement that it contain not only the signature of the judge but also of the sheriff. See Art. 818, C. C. P., 1925; also Leal v. State, 17 S.W.2d 1064; Franks v. State, 42 S.W.2d 1016. In the present instance, the bond fails to contain the signature of the sheriff.

The State's attorney has, by motion, requested the dismissal of the appeal for the reason stated. In view of the condition of the record, the motion must be sustained.

The appeal is dismissed.

Dismissed.

ON MOTION TO REINSTATE APPEAL.

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