Newby v. State

DICE, Commissioner.

The conviction is for the offense of forgery, with punishment assessed at two years in the penitentiary.

The recognizance appearing in the record is shown to have been entered into by the appellant and only one surety. Art. 817, Vernon’s Ann.C.C.P., which prescribes the form of recognizance in a felony appeal, provides that the recognizance be entered into by the defendant and two sureties.

The recognizance, not being in substantial compliance with the statute, is insufficient to confer jurisdiction upon this court. Wilkins v. State, 130 Tex.Cr.R. 36, 91 S.W.2d 354; Price v.…