Mayfield v. State

DICE, Commissioner.

The offense is unlawful possession of a dangerous drug; the punishment, sixty days in jail.

The recognizance appearing in the record is shown to have been entered into by the appellant and only one surety. Art. 831, Vernon’s Ann.C.C.P., which prescribes the form of a misdemeanor recognizance on appeal, provides that the recognizance be entered into by the defendant and two sureties.

The recognizance, not being in substantial compliance with the statute, is in* sufficient to confer jurisdiction upon this court. Price v. State, 164 Tex.Cr.R. 312, 299 S.W.2d 141; Wilkins v.…