Wilmering v. State
This text of 272 S.W. 463 (Wilmering 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.
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Defendant is under conviction for the unlawful transportation of intoxicating liquor with punishment fixed at confinement in the penitentiary for one year.
Defendant is enlarged pending appeal upon a recognizance which does not conform to the requirements of Article 903, C. C. P. By the terms of said article it is necessary that the recognizance or bond show that defendant has beenconvicted. The recognizance in the instant case only recites that the defendant stands charged by indictment with the unlawful transportation of spirituous, vinous, and malt liquors capable of producing intoxication.
Because of the defect in the recognizance it becomes necessary to dismiss the appeal and it is so ordered.
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Cite This Page — Counsel Stack
272 S.W. 463, 100 Tex. Crim. 169, 1925 Tex. Crim. App. LEXIS 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilmering-v-state-texcrimapp-1925.