Roberts v. State

Appellant was convicted of violating the pistol law. The Assistant Attorney-General files motion to dismiss the appeal for want of a legal and sufficient recognizance. It recites that the defendant has been convicted in this cause "for carrying a pistol and his punishment assessed at a fine of $100, as more fully appears by the judgment of conviction duly entered," etc. It is urged that the recognizance is insufficient because it does not recite, as required in the form prescribed by the Legislature, that appellant was "convicted of a misdemeanor." We find the recognizance is deficient in the…