Sparks v. State

183 S.W. 144, 79 Tex. Crim. 83, 1916 Tex. Crim. App. LEXIS 67
CourtCourt of Criminal Appeals of Texas
DecidedFebruary 2, 1916
DocketNo. 3934.
StatusPublished

This text of 183 S.W. 144 (Sparks 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
Sparks v. State, 183 S.W. 144, 79 Tex. Crim. 83, 1916 Tex. Crim. App. LEXIS 67 (Tex. 1916).

Opinions

HARPER, Judge.

Appellant was convicted of unlawfully carrying a pistol, and his punishment assessed at thirty days confinement in the county jail.

The Assistant Attorney General moves to dismiss the appeal, there being no recognizance in the record, and it not affirmatively appearing by the record that appellant is in jail. The record must disclose that a recognizance has been given, or that the appellant is in jail and has been continuously confined therein, to confer jurisdiction on this court. McHenry v. State, 42 Texas Crim. Rep., 469; Harris v. State, 2 Texas Crim. App., 134; Brinson v. State, 68 Texas Crim. Rep., 49, 150 S. W. Rep., 776, and cases collated under art. 918 of "Vernon’s Crim. Proc.

The appeal is dismissed.

Dismissed.

DAVIDS OH, Judge, not present at consultation.

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Related

Brinson v. State
150 S.W. 776 (Court of Criminal Appeals of Texas, 1912)
McHenry v. State
60 S.W. 880 (Court of Criminal Appeals of Texas, 1901)

Cite This Page — Counsel Stack

Bluebook (online)
183 S.W. 144, 79 Tex. Crim. 83, 1916 Tex. Crim. App. LEXIS 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sparks-v-state-texcrimapp-1916.