Fortenberry v. State

HENDERSON, Judge.

The Assistant Attorney-General has filed a motion to dismiss the appeal on the ground that the recognizance is defective, in that it does not state the amount of the punishment assessed against appellant. An examination of the recognizance shows that the motion is well taken. Art. 887, Code Crim. Proc.; May v. State, 40 Texas Crim. Rep., 196. The appeal is accordingly dismissed.

Dismissed.

ON REHEARING.

December 13, 1905.