Hammons v. State
Texas Supreme Court
Appeal from Bush. This was a criminal case, not capital. It did not appear that the appellant entered into recognizance as required by the 4th section of.' the act to regulate appeals in criminal cases; but he gave a bond to prosecute his appeal with effect in the ordinary form of an appeal bond in civil cases.. There was no entry of notice of appeal.
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Appeal from Bush. This was a criminal case, not capital. It did not appear that the appellant entered into recognizance as required by the 4th section of.' the act to regulate appeals in criminal cases; but he gave a bond to prosecute his appeal with effect in the ordinary form of an appeal bond in civil cases.. There was no entry of notice of appeal. The appellee moved to dismiss the appeal on the ground— 1st. That the appellant did not appear to have furnished or entered into any such recognizance as is required by law. 2d. That no notice or entry of appeal appeared of record.
1Opinion of the Court
Hemphill, Ch. J.
The section 4th of the act to regulate appeals in criminal cases declares, in effect, that in eases not capital, the defendant shall enter into recognizance with sufficient security in such sum as the District Court may require, conditioned that the defendant will appear at the next term of the District Court, and from term to term thereafter, then and there to abide whatever judgment or decree the Supreme Court may render; and if the defendant fail to appear according to the terms of said recognizance, proceedings shall he had thereon as in ordinary eases for the purpose of…
2Cited by1 opinion
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