Legal Opinion

Burton v. State

Court of Criminal Appeals of Texas

Decided October 11, 1905No. 3111PublishedCited by 4 opinions

Appeal from the District Court of San Augustine. Tried below before Hon. James I. Perkins. Appeal from a conviction of a violation of the local option law; penalty, a fine of $50 and twenty days confinement in the county jail. The opinion states the case.

1Opinion of the Court

BROOKS, Judge.

Appellant was convicted of violating the local option law, his punishment being fixed at a fine of $50 and twenty days confinement in the county jail.

The Assistant Attorney-General has filed a motion to dismiss this appeal because the recognizance is defective, in that it does not state the amount of the' punishment assessed against appellant, as required by article 887, Code Criminal Procedure. An examination of the recognizance shows that the motion is well taken. May v. State, 40 Texas Crim. Rep., 196. The appeal is accordingly dismissed.

Dismissed.

ON REHEARING.

November 22,…

2Cases cited1 opinion

  1. May v. StateCourt of Criminal Appeals of Texas · 1899

3Cited by4 opinions

  1. Nelson v. StateCourt of Criminal Appeals of Texas · 1909
  2. Hinton v. StateCourt of Criminal Appeals of Texas · 1912
  3. Howell v. StateCourt of Criminal Appeals of Texas · 1912
  4. White v. StateCourt of Criminal Appeals of Texas · 1912

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