Cole v. State

McDonald, judge.

Unlawful possession of whisky for the purpose of sale in a dry area is the offense; the punishment, a fine of $100.

The record on appeal reflects that appellant gave notice of appeal on December 16, 1960, and entered into an appeal bond on the same date, instead of a recognizance as is required by law.

An appeal bond entered into during the term of court at which notice of appeal is given does not comply with the statute, Art. 830, V.A.C.C.P., and does not confer jurisdiction upon this court to enter any order except to dismiss the appeal. Thompson v. State, 166 Tex. Cr. Rep.…