NEWBY v. STATE

No. 37012.

384 S.W.2d 133 (1964)

Delbert NEWBY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion to Reinstate Appeal October 28, 1964.

Rehearing Denied December 9, 1964.


Attorney(s) appearing for the Case

Richard & Ferguson, by Robert C. Ferguson, Dalhart, for appellant.

William Hunter, Dist. Atty., Dalhart, and Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

The conviction is for the offense of forgery, with punishment assessed at two years in the penitentiary.

The recognizance appearing in the record is shown to have been entered into by the appellant and only one surety. Art. 817, Vernon's Ann.C.C.P., which prescribes the form of recognizance in a felony appeal, provides that the recognizance be entered into by the defendant and two sureties.

The recognizance, not being in substantial...

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