Court of Criminal Appeals of Texas, 1938

Shaver v. State

Shaver v. State
Court of Criminal Appeals of Texas · Decided November 9, 1938 · Morrow
120 S.W.2d 1051; 135 Tex. Crim. 444; 1938 Tex. Crim. App. LEXIS 764 (South Western Reporter, Second Series)

Shaver v. State

Opinion of the Court

Morrow, Presiding Judge.

The conviction is for murder without malice; penalty assessed at confinement in the penitentiary for two years.

The appeal bond found in the transcript is fatally defective because it fails to state that the appellant “has been convicted of a felony,” as is required by Article 817, C. C. P. The bond is further defective in failing to bear the approval of the trial judge as is required by Article 818, C. C. P.

Because of said defects, this Court is without jurisdiction to consider the appeal. It is therefore dismissed.

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