Legal Opinion

Wells v. State

Court of Criminal Appeals of Texas

Decided October 30, 1912PublishedCited by 2 opinions

Appeal from District Court, McLennan County; Richard I. Munroe, Judge. R. L. Wells was convicted of embezzling an amount less than $50, and he appeals.

1Opinion of the CourtHarper, J.

Appellant was indicted, charged with embezzlement in an amount in excess of $50 — a felony. When tried, he was convicted of embezzlement of an amount less than $50 — a misdemeanor.

After adjournment of court, he attempts to perfect his appeal to this court by filing an appeal bond, not having entered into a recognizance during the term. Having been convicted of a misdemeanor only, the law does not authorize an appeal to be perfected by giving an appeal bond. Article 918, Code of Criminal Procedure; Herron v. State, 27 Tex. 337; Cook v. State, 8 Tex, App. 671. The motion of the Assistant…

2Cases cited1 opinion

  1. Herron v. StateTexas Supreme Court · 1863

3Cited by2 opinions

  1. Knowlton and Dominguez v. StateCourt of Criminal Appeals of Texas · 1914
  2. Welch v. StateCourt of Criminal Appeals of Texas · 1917

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