Furnace v. State

DAVIDSON, Judge.

The offense is the possession of an illicit beverage, namely, whiskey, in a container to which no stamp was affixed, showing the payment of the tax due thereon; the punishment, a fine of $100.00.

The recognizance shown in the record is fatally defective in that it is not stated therein that the appellant has been convicted of the offense charged or of a misdemeanor. It is essential that the recognizance contain a recital that the accused has been convicted of an offense. Art. 831, C. C. P.; Gressett v. State, 138 Tex. Cr. R. 295, 135 S. W. (2d) 990; Maultsby v. State, 132 Tex.…