Court of Criminal Appeals of Texas, 1957

Geisler v. State

Geisler v. State
Court of Criminal Appeals of Texas · Decided November 20, 1957 · Dice
307 S.W.2d 95; 165 Tex. Crim. 322; 1957 Tex. Crim. App. LEXIS 2337 (South Western Reporter, Second Series)

Geisler v. State

Opinion of the Court

DICE, Commissioner.

The conviction is for aggravated assault with a motor vehicle as defined in Art. 1149, Vernon’s Ann.P.C.; the punishment, a fine of $50.

The record reflects that appellant’s motion for new trial was overruled on April 19, 1957, during the April term of the trial court, and notice of appeal was given on that date.

*96The record further reflects that the appellant is at large on appeal bond approved by the trial judge and filed on April 19, 1957.

An appeal bond entered into during the term of court at which notice of appeal is given does not comply with the statute, Art. 830, Vernon’s Ann.C.C.P., and does not confer jurisdiction upon this court to enter any order other than to dismiss the appeal. Fowler v. State, 154 Tex.Cr.R. 450, 228 S.W.2d 512; Banti v. State, Tex.Cr.App., 289 S.W.2d 244 and Nesbitt v. State, Tex.Cr.App., 306 S.W.2d 901.

Appellant is granted fifteen days in which to file a proper appeal bond and move to reinstate the appeal.

The appeal is dismissed.

Opinion approved by the court.

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