Opinion · Court of Criminal Appeals of Texas

Scisson v. State

Scisson v. State, 121 Tex. Crim. 71 (Tex. Crim. App. 1932)

Type
Opinion
Court
Court of Criminal Appeals of Texas
Jurisdiction
Texas
Date
1932-02-24
Topic
general

CHRISTIAN, Judge. The offense is embezzlement of property over the value of $50; the punishment, confinement in the penitentiary for two years. This court is without jurisdiction to pass upon the merits of the case owing to the fact that the recognizance on appeal does not comply with the legal requirements, in that it fails to state that appellant was convicted of a felony. This is an essential statutory requisite. Article 817, C.

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7 opinions
CHRISTIAN, Judge.

The offense is embezzlement of property over the value of $50; the punishment, confinement in the penitentiary for two years.

This court is without jurisdiction to pass upon the merits of the case owing to the fact that the recognizance on appeal does not comply with the legal requirements, in that it fails to state that appellant was convicted of a felony. This is an essential statutory requisite. Article 817, C. C. P.; Read v. State, 109 Texas Crim. Rep., 314, 4 S. W. (2d) 547; Wright v. State, 117 Texas Crim. Rep., 485, 35 S. W. (2d) 413; Friday v. State, 117 Texas Crim. Rep., 37, 36 S. W. (2d) 1036.

The appeal is dismissed. Appellant is granted fifteen days from this date in which to perfect his appeal.

Dismissed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.