Therrell v. State

161 Tex. Crim. 617

Opinions

WOODLEY, Judge.

The appeal is from a conviction for aggravated assault; the punishment, two years in jail.

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 Texas Cr. Rep. 325, 251 S.W. 222.

In the absence of a bond or recognizance substantially in the form prescribed by Art. 831 C.C.P., arid 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, 252 S.W. 2d 167.

The appeal is dismissed.