Sandifer v. State

HARPER, Judge.

Upon a trial under an indictment charging him with an assault to murder, appellant was convicted of simple assault and his punishment assessed at a fine of $5.

A motion for a new trial was filed and overruled, and appellant’s recognizance fixed at the sum of $600. There is no recognizance in the record, nor is it affirmatively shown that appellant is in jail. The assistant attorney-general has made a motion to dismiss the appeal on those grounds. The motion is sustained. Young v. State, 8 Texas Crim. Rep., 81; Evans v. State, 8 Texas Crim. App., 671, and authorities cited under…