Nichols v. State

WOODLEY, Judge.

The offense is aggravated assault; the punishment, three months in jail and a fine of $100.

It appears from the transcript that appellant is enlarged upon a recognizance on appeal entered into on February 29, 1957, whereas notice of appeal was not given until March - 29, 1957.

A recognizance entered into before notice of appeal is given is not sufficient to confer jurisdiction of the appeal upon this court. See Cooper v. State, 164 Texas Cr. Rep. 89, 297 S.W. 2d 172; Thomas v. State, No. 29,386 (page 272 this volume).

The appeal is dismissed.

*601ON APPELLANT’S MOTION TO REINSTATE THE…