Wall v. State

CHRISTIAN, Judge.

The offense is assault with intent to murder; the punishment confinement in the penitentiary for four years.

The recognizance recites that appellant “stands charged with the offense of assault with intent to murder,” but fails to show that appellant has been convicted. It is necessary that the recognizance, or appeal bond show that appellant has been convicted. Article 817 C. C. P.; Wilmering v. State, 272 S. W. 463. Appellant being enlarged under a defective recognizance, this court is without jurisdiction. Rhea v. State, 275 S. W. 1021.

The appeal is dismissed.

Dismissed.

The…