Legal Opinion

Kogar v. State

Court of Criminal Appeals of Texas

Decided May 16, 1928No. 11612PublishedCited by 3 opinions

The opinion states the case.

1Opinion of the Court

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

It appears from the caption of the transcript that the term of the court at which appellant was convicted adjourned October 29th, 1927. It appears from the transcript that appellant entered into recognizance on appeal November 2d 1927. Thus the transcript shows that the court had adjourned at the time appellant entered into recognizance. A recognizance entered into after the expiration of the term is a nullity. Johnson v. State, 275 S.W. 1036; Articles 817 and…

2Cases cited2 opinions

  1. Johnson v. StateCourt of Criminal Appeals of Texas · 1925
  2. Warrick v. StateCourt of Criminal Appeals of Texas · 1925

3Cited by3 opinions

  1. Myers v. StateCourt of Criminal Appeals of Texas · 1946
  2. Edwards v. StateCourt of Criminal Appeals of Texas · 1938
  3. Smith v. StateCourt of Criminal Appeals of Texas · 1931

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