Strickland v. State
This text of 266 S.W.2d 873 (Strickland 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.
Opinion
The conviction is for unlawfully operating a motor vehicle upon a public highway while under the influence of intoxicating liquor. The punishment assessed is a fine of $50.00 and confinement in the county jail for a period of 30 days.
The transcript in this cause reflects that the term of court at which the case was tried adjourned on December 26, 1953; [23]*23that notice of appeal was given and entered of record on the same day; and that a recognizance was entered into on January 12, 1954.’Such recognizance entered into after the adjournment of the term of court at which the conviction was had was invalid and requires a dismissal of the appeal. See Hudson v. State, 155 Tex. Cr. Rep. 485, 237 S.W. (2d) 302. Under the provisions of Article 830, C.C.P., the accused could not enter into a recognizance after the adjournment of the trial term of court, but should have given a bail bond pending appeal.
Because of the absence of a proper appeal bond, this court is without jurisdiction to entertain the appeal. It is therefore dismissed.
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Cite This Page — Counsel Stack
266 S.W.2d 873, 160 Tex. Crim. 22, 1954 Tex. Crim. App. LEXIS 1821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strickland-v-state-texcrimapp-1954.