NICHOLS v. STATE

No. 29237.

309 S.W.2d 461 (1957)

Andrew NICHOLS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion to Re-instate Appeal January 8, 1958.


Attorney(s) appearing for the Case

Gloria K. Bradford, Houston, for appellant.

Dan Walton, Dist. Atty., Thomas D. White and Frederick W. Robinson, Asst. Dist. Attys., Houston, Leon B. Douglas, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is aggravated assault; the punishment, three months in jail and a fine of $100.

It appears from the transcript that appellant is enlarged upon a recognizance on appeal entered into on February 29, 1957, whereas notice of appeal was not given until March 29, 1957.

A recognizance entered into before notice of appeal is given is not sufficient to confer jurisdiction of the appeal upon this Court. See Clepper v. State, Tex.Cr...

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