Prince v. State

The offense is burglary of a private residence at night with intent to commit rape; the punishment, enhanced by two prior convictions for felonies less than capital, life.

The transcript shows that appellant has been enlarged upon recognizance on appeal.

The punishment having been assessed at confinement in the penitentiary for life, and appellant not being in custody, this court is without jurisdiction to entertain the appeal.

Art. 815 C.C.P. provides that one appealing from a felony conviction with punishment assessed at 15 years or less, by entering into recognizance, shall have the right to…