Choice v. State

WOODLEY, Judge.

The offense is the possesison 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 *225not sufficient. Bell v. State, 137 Texas Cr. Rep. 128, 128 S.W. 2d 812; Therrell v. State, 161 Texas Cr. Rep. 617, 279 S.W. 2d 879; and Reid v. State, 163 Texas Cr. Rep. 40, 289 S.W. 2d 237.

In the absence of a recognizance or bond substantially in…