Cryer v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Tyler. Tried below before Hon. M. Dies, County Judge. Appeal from a conviction for unlawfully and wilfully maiming and wounding a mare within the enclosure of defendant, surrounded with an insufficient fence; penalty, a fine of §10. The appeal was dismissed on motion of the Assistant Attorney-General for defect in the recognizance.
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Appeal from the County Court of Tyler. Tried below before Hon. M. Dies, County Judge. Appeal from a conviction for unlawfully and wilfully maiming and wounding a mare within the enclosure of defendant, surrounded with an insufficient fence; penalty, a fine of §10. The appeal was dismissed on motion of the Assistant Attorney-General for defect in the recognizance. This defect was afterwards supplied and cured by certiorari, and the judgment of dismissal set aside and rehearing granted. On the rehearing, the appeal is disposed of on the alleged error in the charge of the court as to defendant’s…
1Opinion of the Court
HURT, Presiding Judge.
Appellant was convicted of malicious mischief, and appeals. Motion is made by the Assistant Attorney-General to dismiss the appeal because of the insufficiency of the recognizance. The recognizance binds the appellant “to abide the judgment of the Court of Criminal Appeals,” but fails to conclude as the statute requires, “in this case.” The legislature has prescribed the form for recognizances in appeals to this court, and they have provided that it shall bind the appellant “to abide the judgment of the Court of Criminal Appeals of the State of Texas, in ihis case.” Code…
2Cited by6 opinions
- Darnell v. StateCourt of Criminal Appeals of Texas · 1913
- Adams v. StateCourt of Criminal Appeals of Texas · 1903
- Sweak v. StateCourt of Criminal Appeals of Texas · 1922
- Choate v. StateCourt of Criminal Appeals of Texas · 1920
- Fortenberry v. StateCourt of Criminal Appeals of Texas · 1903
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