Fortenberry v. State

DAVIDSON, Presiding Judge.—Motion

is made to dismiss the appeal because of the insufficiency of the recognizance. It binds appellant to abide the “judgment of the Court of Criminal Appeals,” but fails to conclude, as the statute requires, “in this case.” This precise question -came up in Cryer v. State, 36 Texas Crim. Rep., 621, and it was there held that the recognizance was not sufficient. See also Duffer v. State (Texas Crim. App.), 38 S. W. Rep., 997. The motion is sustained. The appeal is dismissed.

Appeal dismissed.