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COLE v. STATE

No. 34903.

362 S.W.2d 856 (1962)

Lloyd Burnett COLE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion to Reinstate Appeal December 5, 1962.

Attorney(s) appearing for the Case

Baker, Callahan & Brady by Andrew Z. Baker, Galveston, for appellant.

Jules Damiani, Jr., Dist. Atty., R. J. Bernse, Sr., Asst. Dist. Atty., Galveston, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Presiding Judge.

The offense is drunk driving; the punishment, 3 days in jail and a fine of $50.

The transcript contains no bond or recognizance substantially in the form required by statute, and appellant not being in jail, this Court is without jurisdiction to enter any order except to dismiss the appeal. Arts. 830-831, Vernon's Ann. C.C.P.; Therrell v. State, 161 Tex.Cr.R. 617, 279 S.W.2d 879; Choice v. State...

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