State v. Stout

Willie, J.

—The defendant in this case has not entered into a recognizance, as required by Art. 723 of the Code of Criminal Procedure. This court has heretofore decided that it will not entertain such an appeal where the defendant is not under recognizance. (State v. Paschal, 22 Tex., 584; State v. Fatheree, 23 Tex., 202.) Under the authority of these decisions, the present appeal will be dismissed.

Ordered accordingly.