Therrell v. State

279 S.W.2d 879, 161 Tex. Crim. 617, 1955 Tex. Crim. App. LEXIS 1507

Opinions

WOODLEY, .Judge.

The appeal is from a conviction for aggravated assault; the punishment, two yéars in j ail.

The record contains no recognizance or bond on appeal, and there is no" showing that appellant is confined in jail.

A notation from the court’s docket suggesting that a recognizance may have been entered into is not sufficient. Steele v. State, 94 Tex.Cr.R. 345, 251 S.W. 222.

In the absence of a bond or recognizance substantially in the form prescribed by Art. 831, C.C.P.,. and -there being no showing that the defendant is confined in jail, we are without jurisdiction to enter any order other; than to dismiss the appeal. Skinner v. State, Tex.Cr.App., 252 S.W.2d 167.

The appeal is dismissed.