Adams v. State

The offense is drunk driving; the punishment, 90 days in jail and a fine of $400.

The record contains no recognizance or bond on appeal in the form required by Art. 831, C.C.P.

The appeal is dismissed.

ON APPELLANT’S MOTION TO REINSTATE THE APPEAL

WOODLEY, Judge.

By supplemental transcript it is made to appear that appellant and his sureties entered into a proper recognizance on appeal. The appeal is re-instated.

The indictment alleged the felony offense of drunk driving but, the state having rested without proof of the prior misdemeanor conviction alleged, the case was submitted *858to the jury as…