Legal Opinion

Barker v. State

Court of Criminal Appeals of Texas

Decided October 19, 1960No. 32085PublishedCited by 3 opinions

1Opinion of the Court

MORRISON, Presiding Judge.

The offense is the unlawful sale of whiskey in a dry area; the punishment, 90 days in jail and a fine of $250.

Appellant, during the term of court at which he was convicted, entered into an appeal bond instead of a recognizance as is required by law.

An appeal bond entered into during the term of court at which notice of appeal is given does not comply with the statute, Article 830, Vernon’s Ann.C.C.P., and does not confer jurisdiction upon this Court to enter any order except to dismiss the appeal. Deming v. State, Tex.Cr.App., 322 S.W.2d 543.

The appeal is dismissed.

On…

2Cases cited1 opinion

  1. Deming v. StateCourt of Criminal Appeals of Texas · 1959

3Cited by3 opinions

  1. McKenzie v. StateCourt of Criminal Appeals of Texas · 1981
  2. Torres v. StateCourt of Criminal Appeals of Texas · 1977
  3. Rodgers v. StateCourt of Criminal Appeals of Texas · 1972

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