Fletcher v. State

WOODLEY, Judge.

The conviction is for the sale of whiskey in a dry area, wherein the punishment was assessed by the jury at a fine of $400.

Notice of appeal was given on March 21, 1951, when the motion for new trial was overruled.

The recognizance entered into by appellant and his sureties bears date of March 19, 1951, and appears to have been approved and entered on March 20, 1951, which was before the notice of appeal was given, and in fact before the motion for new trial had been filed.

Until an appeal has been taken, the trial court is not authorized to permit the accused to enter into a…