Daniels v. State

Conviction is for the unlawful manufacture of intoxicating liquor; punishment fixed at confinement in the penitentiary for a period of one year.

The motion of the state to dismiss the appeal must be sustained, for the reason that the document denominated a recognizance is, in fact, a mere appearance bond, complying in no respect with the terms of the statute prescribing the requisites of a recognizance or bond on appeal. See Code of Crim. Proc. arts. 903 and 904, also Staten v. State, 93 Tex. Cr. R. 265, 246 S. W. 387, and eases therein collated.

The appeal is dismissed.

On Reinstatement of…