Jones v. State

The offense is the transportation of intoxicating liquor; punishment fixed at confinement in the penitentiary for a period of two years.

The State, through its counsel, has moved to dismiss the appeal for the want of a recognizance as required by law. The jurisdiction of this court to review the action of the trial court where the accused is not in jail is dependent upon a recognizance, the requisites, as well as the form, of which are set forth in Article 817, C. C. P., 1925. One of the essentials is that the recognizance state that the accused has been "convicted of a felony." In the present…