Waites v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of pursuing the business of selling intoxicating liquors, his punishment being assessed at two years confinement in the penitentiary.

The Assistant Attorney General seeks to dismiss the appeal because of the insufficiency or rather the illegality of the appeal recognizance. The point of attack is, the recognizance requires appellant to appear “instanter” before the trial court to await the judgment of the Court of Criminal Appeals, it being based upon the idea that the word “instanter” is more onerous than the statute authorizes. We can not…