Palacio v. State

BELCHER, Judge.

The conviction is for the possession of marihuana; the punishment, two years in the penitentiary.

Notice of appeal was given on December 12, 1955. Appellant entered into a recognizance on December 9, 1955. Thus, it is seen that the recognizance on appeal was entered into before notice of appeal. Therefore the recognizance appearing in the record is not sufficient to confer jurisdiction upon this court. Fletcher v. State, 156 Texas Cr. R. 335, 242 S.W. 2d 377; Ramirez v. State, No. 28,311, 163 Tex. Cr. Rep. 491, 293 S.W. (2) 653.

The appeal is dismissed.

Opinion approved by the…