MAYFIELD v. STATE

No. 36903.

382 S.W.2d 940 (1964)

Percy MAYFIELD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion to Re-Instate Appeal October 7, 1964.


Attorney(s) appearing for the Case

Percy Foreman, Houston, for appellant.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, James C. Brough and David Ball, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

The offense is unlawful possession of a dangerous drug; the punishment, sixty days in jail.

The recognizance appearing in the record is shown to have been entered into by the appellant and only one surety. Art. 831, Vernon's Ann.C.C.P., which prescribes the form of a misdemeanor recognizance on appeal, provides that the recognizance be entered into by the defendant and two sureties.

The recognizance, not being in substantial compliance...

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