Stephenson v. State

Court of Criminal Appeals of Texas

Stephenson v. State

206 S.W. 686, 84 Tex. Crim. 254, 1918 Tex. Crim. App. LEXIS 369

CourtCourt of Criminal Appeals of Texas

DecidedNovember 20, 1918

DocketNo. 5210.

StatusPublished

This text of 206 S.W. 686 (Stephenson 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

Stephenson v. State, 206 S.W. 686, 84 Tex. Crim. 254, 1918 Tex. Crim. App. LEXIS 369 (Tex. 1918).

Pincite

Opinion

DAVIDSON, Presiding Judge.

—Appellant was convicted of violating the local option law, his punishment being assessed at a fine of $25 and twenty days imprisonment in the county jail.

Appellant failed to enter into a recognizance during term time, but after adjournment of court he executed an appeal bond, which is found *255 in the record. Appeals in misdemeanors can not be consummated by executing an appeal bond. The statute requires it shall be a recognizance. Court adjourned on the 3rd of August, and an appeal bond was executed and filed on the 10th of August, seven days subsequent to adjournment. The Assistant Attorney General moves to dismiss the appeal because appellant entered into an appeal bond and not into a recognizance as required by law. We are of opinion this motion is well taken and should be sustained, and it is accordingly so ordered..

The appeal is dismissed.

Dismissed.

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DAVIDSON, Presiding Judge.

—Appellant was convicted of violating the local option law, his punishment being assessed at a fine of $25 and twenty days imprisonment in the county jail.

Appellant failed to enter into a recognizance during term time, but after adjournment of court he executed an appeal bond, which is found *255 in the record. Appeals in misdemeanors can not be consummated by executing an appeal bond. The statute requires it shall be a recognizance. Court adjourned on the 3rd of August, and an appeal bond was executed and filed on the 10th of August, seven days subsequent to adjournment. The Assistant Attorney General moves to dismiss the appeal because appellant entered into an appeal bond and not into a recognizance as required by law. We are of opinion this motion is well taken and should be sustained, and it is accordingly so ordered..

The appeal is dismissed.

Dismissed.

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Bluebook (online)

206 S.W. 686, 84 Tex. Crim. 254, 1918 Tex. Crim. App. LEXIS 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephenson-v-state-texcrimapp-1918.