Ross v. State

Full title: Earline ROSS, Appellant, v. The STATE of Texas, Appellee.

Court: Court of Criminal Appeals of Texas

Date published: Dec 3, 1958

318 S.W.2d 641 (Tex. Crim. App. 1958)

Opinion

318 S.W.2d 641 (Tex.Crim.App. 1958) Earline ROSS, Appellant, v. The STATE of Texas, Appellee. No. 30176. Court of Criminal Appeals of Texas. December 3, 1958

Crouch, Pringle & Murad, by Jerry Murad, Fort Worth, for appellant.

Howard M. Fender, Dist. Atty., John A. Brady and Albert F. Fick, Jr., Asst. Dist. Atty., Fort Worth, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The conviction is for misdemeanor theft; he punishment, 9 months in jail.

The record reflects that the appellant is at large on an appeal bond approved and filed during the term of court at which notice of appeal was given.

An appeal bond entered into during the term of court at which notice of appeal is given does not comply with the statute, Art. 830, Vernon's Ann.C.C.P., and does not confer jurisdiction upon this court to enter any order other than to dismiss the appeal. Nesbit v. State, Tex.Cr.App., 306 S.W.2d 901, and McCombs v. State, Tex.Cr.App., 307 S.W.2d 954.

The appeal is dismissed.

Opinion approved by the court.