Court of Criminal Appeals of Texas, 1925

Brown v. State

Brown v. State
Court of Criminal Appeals of Texas · Decided June 17, 1925 · Lattimore
273 S.W. 862; 101 Tex. Crim. 122; 1925 Tex. Crim. App. LEXIS 685 (South Western Reporter)

Brown v. State

Opinion of the Court

LATTIMORE, Judge.

Conviction in district court of Bowie County of transporting intoxicating liquor; punishment, one year in the penitentiary.

The recognizance in this case is defective. It merely states that the defendant stands charged with the offense of a felony and who has been convicted in “This court of--a felony.” This is not sufficient. Art. 903, Vernon’s C. C. P. provides the form for recognizance on appeal in felony cases ard requires that a recognizance shall state the offense for which conviction was had. Simply to describe it as a felony is bad.

The appeal will be dismissed.

Dismissed.

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