Court of Criminal Appeals of Texas, 1961

Warlick v. State

Warlick v. State
Court of Criminal Appeals of Texas · Decided March 29, 1961 · McDonald, Woodley
344 S.W.2d 685; 1961 Tex. Crim. App. LEXIS 5345 (South Western Reporter, Second Series)

Warlick v. State

Opinion of the Court

McDonald, judge.

This is a conviction for the intoxicated-driving of a motor vehicle upon a public highway, with punishment assessed at three days in jail and a fine of $50.

The record before us contains neither a recognizance nor an appeal bond, nor is there a showing that appellant is in custody, in the absence of which this court — in a misdemeanor — has no jurisdiction to enter any order other than to dismiss the appeal. Grant v. State, 110 Tex.Cr.R. 9, 7 S.W.2d 90; Griffin v. State, 160 Tex.Cr.R. 478, 272 S.W.2d 526.

The appeal is dismissed.

WOODLEY, P. J., absent.

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