Roth v. State

Conviction for assault with intent to rape; punishment, two years in the penitentiary.

The State's Attorney with this court files his motion to dismiss this appeal because of a defective recognizance. The article prescribing the requisites for a recognizance upon appeal from conviction in a felony case, furnishes a form therefor. See Art. 817, C. C. P. The recognizance found in this record has no date, and nothing by which we may ascertain when same was made; nor is it in form as required and prescribed by the statute. In the absence of a sufficient recognizance or appeal bond upon appeal in a…