Opinion
No. 20413.
May 3, 1939.
Transcript — Jurisdiction.
Where the transcript failed to reveal judgment of conviction, and defendant, according to his brief, was at liberty upon a recognizance pending his appeal which recognizance is not shown in the transcript, appellate court was without jurisdiction.
Appeal from County Court of Upshur County. Hon J. P. Maberry, Judge.
Appeal from conviction for a misdemeanor; penalty, fine of $100.
Appeal dismissed.
The opinion states the case.
W. C. Hancock and Edwin M. Fulton, both of Gilmer, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction for a misdemeanor; punishment being assessed at a fine of $100.
The transcript fails to reveal a judgment of conviction. It is also to be noted that it is stated in appellant's brief that he is enlarged upon a recognizance pending his appeal to this court. The recognizance is not shown in the transcript. Under the circumstances, this court is without jurisdiction.
The appeal is dismissed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.