Wells v. State

CHRISTIAN, Judge.

The offense is possession of intoxicating liquor for the purpose of sale; the punishment, confinement in the penitentiary for five years.

The recognizance for appeal is fatally defective. It is in the form of an ordinary appearance bond. It fails to state that appellant has been convicted of a felony, and does not provide that appellant is bound to abide the “judgment of the Court of Criminal Appeals of the State of Texas.” See article 817, C. C. P.; also Moore v. State, 51 S. W. (2d) 583. Appellant being enlarged on a fatally defective recognizance, this court is without…