Legal Research AI

Fortenberry v. State

Court: Court of Criminal Appeals of Texas
Date filed: 1903-02-25
Citations: 72 S.W. 588, 44 Tex. Crim. 535
Copy Citations
Click to Find Citing Cases
Lead Opinion

Motion is made to dismiss the appeal because of the insufficiency of the recognizance. It binds appellant to abide the "judgment of the Court of Criminal Appeals," but fails to conclude, as the statute requires, "in this case." This precise question came up in Cryer v. State, 36 Tex.Crim. Rep., and it was there held that the recognizance was not sufficient. See also Duffer v. State (Texas Crim. App.), 38 S.W. Rep., 997. The motion is sustained. The appeal is dismissed.

Appeal dismissed.