Prince v. State

The conviction is for misdemeanor theft; punishment fixed at a fine of fifty dollars and confinement in the county jail for a period of seven days.

The recognizance is defective in that it fails to state the punishment. Code of Crim. Proc., Art. 919; Vernon's Texas Crim. Stat., Vol. 2, p. 882; Branch's Ann. Tex. Penal Code, Sec. 615 to 617.

The State's motion to dismiss the appeal is sustained.

Dismissed.

ON REHEARING.
January 7, 1923.