Bruce v. State
Court of Criminal Appeals of Texas
The Assistant Attorney-General moved to dismiss the appeal, (1) because the record fails to show that notice of appeal was given; (2) because the record fails to disclose, by the clerks’s certificate, that appellant was by the court remanded to jail upon failure sto enter into recognizance pending the appeal.
1Opinion of the Court
DAVIDSON, Presiding Judge.
Appellant was convicted of selling liquor on an election day, and he appeals.
The Assistant Attorney-General moves a dismissal of the appeal, because, first, the record fails to show that notice of appeal was given in the court below. After an inspection of the transcript, we find this contention correct. And as the second ground for dismissal he urges the record fails to show that appellant has been in jail continuously from the time of his conviction. The record contains a certificate of the clerk that “defendant is now in the Ellis County jail, no recognizance…
2Cited by2 opinions
- McHenry v. StateCourt of Criminal Appeals of Texas · 1901
- Ex Parte BrownCourt of Criminal Appeals of Texas · 1901