White v. State

DAVIDSON, Judge.

This is a conviction for drunken driving, with punishment assessed at a fine of $100 and five days in jail.

The motion for new trial was overruled on April 6, 1956, at which time notice of appeal to this court was given. On the same day, appellant filed an appeal bond.

The term of court at which this conviction occurred remained in session until June 30, 1956.

Hence, appellant has entered, in term time, into an appeal bond rather than a recognizance which is required under the circumstances stated. Art. 830, C.C.P.; Hankins v. State, 157 Texas Cr. Rep. 562, 251 S.W. 2d 729; Banti…