Punchard v. State

CHRISTIAN, Judge.

The offense is misdemeanor theft; the punishment, confinement in the county jail for two years.

The State has filed a motion to dismiss the appeal on the ground that the record fails to affirmatively show that the judge trying the case fixed the amount of the appeal bond. It is not affirmatively shown in the record that the amount of the bond under which appellant is enlarged was not fixed by the trial court. The state relies on Hardaman v. State, 273 S. W., 584, which was expressly overruled in Wooten v. State, 4 S. W. (2d) 563. We quote from the opinion in the case last…