Maxey v. State

HENDERSON, Judge.

Appellant was convicted of playing at a ¿ame with cards, and be prosecutes this appeal.

The Assistant Attorney-General has filed a motion to dismiss the .appeal, because there is no recognizance in the record, nor a certificate that appellant is confined in jail. In reply to this, appellant has filed .an affidavit of the county judge to the effect that a recognizance was actually taken in open court. This is not sufficient. The recognizance should have been entered of record in the final minutes of the court. A recognizance is an undertaking entered into before a court of…