Opinion

Burns v. State

  • 123 Tex. Crim. 213
  • 57 S.W.2d 836
  • 1932 Tex. Crim. App. LEXIS 794
Court
Court of Criminal Appeals of Texas
Filed
Oct 26, 1932
Status
Published
Author
Christian
On the bench
Christian, Hawkins
Cited by
7 cases
Authority
More cited than 78.8%

The opinion

CHRISTIAN, Judge.

The offense is burglary; the punishment, confinement in the penitentiary for five years.

The trial term of court adjourned on the 12th day of October, 1931. Appellants did not enter into recognizance during the term of court in order to secure their enlargement pending appeal, but on the 9th day of October, 1931, executed appeal bonds to effect their enlargement. These bonds were filed on October 11, 1931, which was one day prior to the adjournment of court. This court acquires no jurisdiction of an appeal where an appeal bond is filed during the trial term of the court. Zepeda v. State, 7 S. W. (2d) 527 , and authorities cited.

The appeal is dismissed.

Dismissed.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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