Ellerbe v. State

WOODLEY, Judge.

The conviction is for possessing whisky in a dry area for the purpose of sale; the punishment, a fine of $450.

Trial was had at a term of the County Court of Childress County which convened on October 4, 1954, and ended on October 31, 1954. The verdict was returned and judgment rendered on October 5, 1954, and on the same day appellant gave notice of appeal.

It appears from the transcript that the recognizance on appeal was not entered into until November 13, 1954, which was after the October term had expired.

Such a recognizance is insufficient to confer jurisdiction on this…