Reed v. State

267 S.W. 271, 98 Tex. Crim. 505, 1924 Tex. Crim. App. LEXIS 715
CourtCourt of Criminal Appeals of Texas
DecidedNovember 26, 1924
DocketNo. 8521.
StatusPublished
Cited by4 cases

This text of 267 S.W. 271 (Reed 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
Reed v. State, 267 S.W. 271, 98 Tex. Crim. 505, 1924 Tex. Crim. App. LEXIS 715 (Tex. 1924).

Opinions

The offense is the unlawful sale of intoxicating liquor; punishment fixed at confinement in the penitentiary for a period of two years.

The recognizance is defective. As contained in the record, it states that the appellant "stands charged with the offense of violating the prohibition law." This does not name any offense denounced in our Penal Code. The form of recognizance demanded by the Legislature expressly requires that the recognizance state the offense of which the accused has been convicted. Art. 903, C.C.P. The State's Attorney insists upon a dismissal of the appeal. The appellant being at large, a proper recognizance is essential in order to give this court jurisdiction. See McKey v. State, 87 Tex.Crim. Rep.; Singleton v. State,87 Tex. Crim. 302; Goss v. State, 83 Tex.Crim. Rep.; Godby v. State, 227 S.W. Rep. 192; Westbrook v. State, 227 S.W. Rep. 1104.

The appeal is dismissed.

ON MOTION TO REINSTATE APPEAL.

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Related

Smith v. State
20 S.W.2d 423 (Court of Criminal Appeals of Texas, 1928)
Meyers v. State
22 S.W.2d 922 (Court of Criminal Appeals of Texas, 1928)
Pierce v. State
2 S.W.2d 461 (Court of Criminal Appeals of Texas, 1928)
Perkins v. State
298 S.W. 577 (Court of Criminal Appeals of Texas, 1927)

Cite This Page — Counsel Stack

Bluebook (online)
267 S.W. 271, 98 Tex. Crim. 505, 1924 Tex. Crim. App. LEXIS 715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reed-v-state-texcrimapp-1924.