Opinion
No. 17957.
Delivered February 19, 1936.
Appeal Bond — Approval.
Appeal bond which was not approved by trial judge, held insufficient to authorize consideration of appeal by Court of Criminal Appeals.
Appeal from the District Court of Coleman County. Tried below before the Hon. E. J. Miller, Judge.
Appeal from conviction for burglary; penalty, confinement in penitentiary for two years.
Appeal dismissed.
The opinion states the case.
M. E. Lawrence of Eastland, for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
The offense is burglary; penalty assessed at confinement in the penitentiary for two years.
The appeal bond found in the record is insufficient to authorize consideration of the appeal by this court for the reason that it is not approved by the judge who tried the case. The statute, Art. 818, C. C. P., requires that the bond be approved by both the judge and the sheriff. See Wood v. State, 83 S.W.2d 670, and cases cited.
Appellant is granted fifteen days from this date within which to perfect his appeal.
The appeal is dismissed.
Dismissed.