Choice v. State

WOODLEY, Judge.

The offense is the possession of whisky in a dry area for the purpose of sale; the punishment, one year.

The record contains no recognizance or appeal bond and shows that appellant has been enlarged pending the appeal.

The minutes of the court which appear in the transcript, suggesting that recognizance may have been entered into, are not sufficient. Bell v. State, 137 Tex.Cr.R. 128, 128 S.W.2d 812; Therrell v. State, 161 Tex.Cr.R. 617, 279 S.W.2d 879; and Reid v. State, Tex.Cr.App., 289 S.W.2d 237.

In the absence of a recognizance or bond substantially in the form prescribed by…