Wheat v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Tarrant. Tried below before the' Hon. Jesse M. Brown. Appeal from a conviction of selling liquor without license; penalty, a fine of $500 and one day confinement in the county jail. The recognizance failed to conclude with the words “In this case.” On question of insufficient recognizance: Lindsey v. State, 59 Texas Grim. Rep., 273; Harden v. State, 62 Texas Crim. Rep., 84, 136 S. W. Rep., 768.
1Opinion of the Court
PRENBERGAST, Presiding Judge.
This is an appeal from a conviction for selling liquor in non-probibition territory without any license.
The recognizance is fatally defective, as has many times been held by this court. It will, therefore, be necessary to dismiss this appeal.
However, we might say that there is neither a bill of exception nor a statement of facts, and no question raised which can be reviewed in the absence of these. It would, therefore, seem useless to correct the recognizance, as the case shown by this record would necessarily be affirmed if a correct recognizance had been entered…
2Cited by2 opinions
- Spears v. StateCourt of Criminal Appeals of Texas · 1938
- Burlingame v. StateCourt of Criminal Appeals of Texas · 1939