Court of Criminal Appeals of Texas, 1919

Jenkins v. State

Jenkins v. State
Court of Criminal Appeals of Texas · Decided November 26, 1919 · Morrow
216 S.W. 183; 86 Tex. Crim. 266; 1919 Tex. Crim. App. LEXIS 402 (South Western Reporter)
Jenkins v. State

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

MORROW, Judge.

—The appellant was convicted of aggravated; assault. The only entry we find relating to a recognizance is as-follows -.

“Recognizance fixed at $1,000. Made and executed by Grady Jenkins, N. A. Jenkins, and G. T. Sandige.”

Our statute prescribes the form of recognizance in misdemeanor cases—see Vernon’s Criminal Statutes, vol. 2, art, 919; and art. 920 forbids this court from entertaining an appeal where a recognizance is required unless one is made in substantial compliance with" the form prescribed in the statute. Because the record fails to show a compliance with these statutes the State through the Assist *267 ant Attorney General moves that the appeal be dismissed, which motion we are constrained to sustain.

The appeal is dismissed.

Dismissed.

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