Franks v. State

CALHOUN, Judge.

Offense, embezzlement of money over the value of $50; punishment, eight years in the penitentiary.

We find no recognizance in the record. There is an appeal bond which is approved by the district judge but not by the sheriff. The law requires the approval of both. See article 818, C. C. P. Jones v. State, 99 Texas Crim. Rep., 50, 267 S. W., 985; Brown v. State, 88 Texas Crim. Rep., 55, 224 S. W., 1105; Leal v. State, 112 Texas Crim. Rep., 479, 17 S. W. (2d) 1064; Shaw v. State, 113 Texas Crim. Rep., 646, 21 S. W. (2d) 1049.

In the absence of a recognizance or an appeal bond…