Kiel v. State

The offense is rape; the punishment, confinement in the penitentiary for ten years.

The caption of the transcript shows that the court convened on the 16th of April, 1934, and adjourned on the 12th of May, 1934. It appears that the judgment of conviction was entered on the 25th of October, 1934, and that on November 2, 1934, appellant entered into recognizance on appeal. The proceedings not appearing to have been had during the term of court manifested by the caption, the appeal must be dismissed. Hildebrand v. State, 29 S.W.2d 774; Sherwood v. State,225 S.W. 1101.

The recognizance is fatally…