Smith v. State

Conviction is for assault with intent to murder, punishment being assessed at two years’ imprisonment in the penitentiary. Our state’s attorney calls attention to the recognizance entered into pending appeal, a defect in which makes a dismissal necessary.

The' recognizance in question departs materially in verbiage from that prescribed by article 817, C. C. P.; notwithstanding that, it might be held good were it not for its failure to require appellant “to abide the *788judgment of the Court of Oriminal Appeals of the State of Texas.” In lieu of the requirement just quoted, the present…