Court of Criminal Appeals of Texas, 1944

Martin v. State

Martin v. State
Court of Criminal Appeals of Texas · Decided February 2, 1944 · Hawkins
177 S.W.2d 268; 146 Tex. Crim. 612; 1944 Tex. Crim. App. LEXIS 1161 (South Western Reporter, Second Series)

Martin v. State

Opinion of the Court

HAWKINS, Presiding Judge.

Conviction is for receiving stolen property, knowing it to have been so stolen; punishment assessed at two years in the penitentiary.

Apparently appellant has been released pending appeal upon a purported appeal bond which is fatally defective. In the first place, it fails to recite that appellant had been convicted of a felony as is required by the provisions of Articles 817 and 818, C. C. P., but recites only that appellant stood charged with a felony. In form the bond is for appearance for trial rather than *613 pending appeal and is insufficient. Doddy v. State, 91 Tex. Cr. R. 634, 240 S. W. 555; Lynch v. State, 102 Tex. Cr. R. 638, 279 S. W. 271; Wall v. State, 110 Tex. Cr. R. 116, 7 S. W. (2d) 958

In the second place, the bond in question bears the approval of the sheriff only, whereas Art. 818, C. C. P., requires the approval of both the sheriff and the trial judge. Golle v. State, 93 Tex Cr. R. 233, 246 S. W. 1040. Pages of other authorities will be found in the Cumulative Pocket Part of Vol. 3, Vernon’s Ann. Tex. C. C. P., under Art. 818.

The appeal is dismissed.

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