Court of Criminal Appeals of Texas, 1910

Doky v. State

Doky v. State
Court of Criminal Appeals of Texas · Decided May 25, 1910 · McCord
130 S.W. 1001; 60 Tex. Crim. 56; 1910 Tex. Crim. App. LEXIS 408 (South Western Reporter)

Doky v. State

Opinion of the Court

McCORD, Judge.

The Assistant Attorney-General has filed a motion to dismiss the appeal because of a defective recognizance. This motion will have to be sustained. The recognizance fails to state what was the punishment assessed against the appellant in the court below, the language being as follows: “Conditioned, that the said Melvin Doky, who has been convicted in this case of a misdemeanor and his punishment assessed at-as more fully appears by the judgment of conviction duly entered in this cause.” The recognizance must state the punishment assessed in the court below.

The recognizance being defective the case is, therefore, hereby dismissed.

Dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.