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NEE v. STATE

No. 27209.

274 S.W.2d 396 (1954)

James R. NEE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion to Reinstate Appeal January 12, 1955.

Attorney(s) appearing for the Case

Louis C. Davis, Houston, for appellant.

Dan Walton, Dist. Atty., Houston, Eugene Brady, Asst. Dist. Atty., Austin, Wesley Dice, State's Atty., Austin, for the State.

BELCHER, Commissioner.

Appellant was convicted for unlawfully carrying a pistol, and his punishment was assessed at 1 year in jail.

There appears in this record neither a recognizance nor an appeal bond. In the absence of a sufficient appeal bond or recognizance or a showing that appellant is in jail, this court is without jurisdiction of a misdemeanor appeal. White v. State, 87 Tex.Cr.R. 315, 221 S.W. 283; Skinner v. State, Tex.Cr.App., 252...

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