Wallace v. State

The appeal in this case was dismissed on the 11th day of November, and a motion is made to reinstate the cause. It appears that the appellant executed a bond intended to operate as an appeal bond. He secured a bond blank from an officer, which bond was marked ‘ ‘ appeal bond; ’ ’ but it did not provide for the payment of the costs as a part of its conditions. It was merely conditioned for the appearance of the accused, and his surrender if the judgment was affirmed.

Section 37, Hemingway’s Code 1927, requires bond, payable to the state, in criminal cases, in order to stay the judgment or…