Turner v. State

Offense, the unlawful possession of intoxicating liquor; penalty, one year in the penitentiary.

The transcript shows that appellant is at large under a recognizance but such instrument is not shown in the transcript. Because of this the State's Attorney moves this Court to dismiss the appeal. Where the appellant is at large under a recognizance, same should be shown in the record, since a legal one is necessary in order to confer jurisdiction on this Court. Barnaby v. State, 99 Tex.Crim. Rep.; Notes under Art. 817, Vernon's C. C. P. (1925).

The State's motion is granted and the appeal dismissed.