Opinion · Court of Criminal Appeals of Texas

Brackeen v. State

Brackeen v. State, 154 Tex. Crim. 98 (Tex. Crim. App. 1949)

Type
Opinion
Court
Court of Criminal Appeals of Texas
Jurisdiction
Texas
Date
1949-11-30
Topic
general

KRUEGER, Judge. Appellant was convicted of drunk driving and by the jury fined the sum of $50.00, and from a judgment thereunder he appeals. This cause was tried on August 3, 1949, and judgment rendered on the same date. Notice of appeal was entered of record August 24, 1949, and the amount of bond was fixed at the sum of $150.00. *99It is now made known to this court that neither a recognizance nor an appeal bond has been entered into by the appellant, and that he is not confined in jail. The state’s attorney moves to dismiss the appeal.

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Cited by
4 opinions
KRUEGER, Judge.

Appellant was convicted of drunk driving and by the jury fined the sum of $50.00, and from a judgment thereunder he appeals.

This cause was tried on August 3, 1949, and judgment rendered on the same date. Notice of appeal was entered of record August 24, 1949, and the amount of bond was fixed at the sum of $150.00.

*99 It is now made known to this court that neither a recognizance nor an appeal bond has been entered into by the appellant, and that he is not confined in jail. The state’s attorney moves to dismiss the appeal. See Art. 830, note 2. Vernon’s Ann. C. C. P., Vol. 3, and cases cited; also Grant v. State, 110 Tex. Cr. R. 9, 7 S. W. (2d) 90; and Tristan v. State, 112 Tex. Cr. R. 682, 16 S. W. (2d) 1081.

The motion is granted and the appeal is dismissed.

Opinion approved by the court.