Dawe v. State

DAVIDSON, Judge.

Burglary is the offense; the punishment, three years in the penitentiary.

After giving notice of appeal and before adjournment of the term of court at which he was convicted, appellant was released from custody pending his appeal upon an appeal bond.

Under the provisions of Art. 818, C. C. P., an appeal bond may be given only “after the expiration” of the term of court at which he was convicted.

To obtain release upon appeal before adjournment of the term- of court, a recognizance is necessary. Art. 816, 817 C. C. P. Templeton v. State, 132 Tex. Cr. R. 577, 105 S. W. (2d) 1100;…