Legal Opinion

Biggins v. State

Court of Criminal Appeals of Texas

Decided December 1, 1954No. 27295Published

1Per curiam

The offense is driving while intoxicated; the punishment, three days in jail and a fine of $100.

The record does not reflect that appellant entered into a recognizance or filed an appeal bond in the trial court.

In the absence of a proper bond or recognizance on appeal, this Court is without jurisdiction to enter any order except to dismiss the appeal. Cantrell v. State, 136 Tex.Cr.R. 596, 127 S.W.2d 471; Heard v. State, 125 Tex.Cr.R. 142, 67 S.W.2d 312; Faupel v. State, 125 Tex.Cr.R. 430, 68 S.W.2d 1113.

The appeal is dismissed.

2Cases cited4 opinions

  1. Cantrell v. StateCourt of Criminal Appeals of Texas · 1939
  2. Cantrell v. StateCourt of Criminal Appeals of Texas · 1939
  3. Faupel v. StateCourt of Criminal Appeals of Texas · 1934
  4. Heard v. StateCourt of Criminal Appeals of Texas · 1934