Hendricks v. State

The offense is embezzlement; the punishment, confinement in the penitentiary for six years.

The recognizance recites that appellant "stands charged with the offense of embezzlement of $50.00 or over," but fails to show that appellant has been convicted. It is necessary that the recognizance or appeal bond show that the appellant has been convicted. Article 817, C. C. P.; Wilmering v. State,100 Tex. Crim. 169, 272 S.W. 463; Wall v. State,110 Tex. Crim. 116, 7 S.W.2d 958. Appellant being enlarged under a defective recognizance, this court is without jurisdiction. Rhea v. State, 101 Tex.Crim.…