Cotton v. State (25 S.W.2d 857, 1930)

MORROW, P. J.

Driving an automobile upon the public highway while under the influence of intoxicating liquor is the offense; punishment fixed at a fine of $50.

State’s counsel makes a motion to dismiss the appeal upon the ground, first, that the recognizance does not describe the offense; and, second, that the record reveals no sentence. The first ground is overruled. This is a felony case, and the recognizance is deemed sufficient. See article 817, C. C. P. 1925. In a felony case, unless the death penalty is assessed, the sentence is essential as a predicate for an-appeal. See article 769, C. C. P., Vernon’s Ann. Tex. C. C. P. 1925, vol. 3, p. 150; Ridge v. State, 96 Tex. Cr. R. 496, 258 S. W. 472; Carlile v. State, 97 Tex. Cr. R. 477, 262 S. W. 489.

The appeal is dismissed.