Full opinion text
DAVIDSON, P. J. Motion is made by the Assistant Attorney General to dismiss this appeal, because the recognizance is fatally defective, in that it does not state the amount of the punishment assessed against appellant. An inspection of that instrument sustains the contention of the state. It is well taken; therefore the appeal will be dismissed.
On Motion for Rehearing. The appeal herein was recently dismissed for want of a sufficient recognizance. Motion for rehearing is asked, and a bond tendered to this court, with the request that the case be reinstated. This cannot be done. Where a conviction is had in the county court, the recognizance must be entered into during the term at which the conviction was obtained. This the appellant sought to do, but the recognizance was insufficient. The statute requires that a recognizance must be entered into in order for this court to entertain jurisdiction. The statute of 1905 (Acts 29th Leg. c. 115) provides that, where the recognizance is defective, the appealing party may enter into a sufficient recognizance, and when this has been done this court would entertain the appeal. This cannot be done, except by entering into a recognizance before the court or judge who tried the case. It cannot be done by bond filed in this court. The statute requires it must be a recognizance. This matter was discussed and procedure laid down in Burton v. State, 48 Tex. Cr. R. 544, 90 S. W. 498. In the same volume there is another case. Chancey v. State, 48 Tex. Cr. R. 535, 90 S. W. 632. Those cases have been followed as laying down the correct rule. The bond tendered this court cannot reinstate the appeal. The motion for this reason is refused.