Allen v. State
Court of Appeals of Texas
Appeal from the County Court of Polk. Tried below before the Hon. J. O. Stevens. The punishment assessed was “ eight hours in jail and fine ten dollars.”
1Opinion of the CourtWhite, J.
The assistant attorney general moves the court to dismiss the appeal in this case for the want of a proper recognizance.
*515The recognizance, as set forth in the transcript, is a literal copy of the form prescribed by the statute (2 Pase. Dig., Art. 6599). The objection presented by the motion is that it binds the defendant to appear before the lower court to abide the judgment of “ the appellate court of the state of Texas,” instead of the court of appeals of the state, there being no such court known to our law as “the appellate court of the state of Texas.”
There can be no doubt that the proper…
2Cases cited1 opinion
- Buford v. StateTexas Supreme Court · 1876