# Parnell v. State

> Court of Criminal Appeals of Texas · March 19, 1930 · 115 Tex. Crim. 507

URL: https://www.frixlaw.com/law-library/cases/3956130

## Case

- **Full name:** Henry Parnell v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** March 19, 1930
- **Citations:** 115 Tex. Crim. 507; 27 S.W.2d 192; 1930 Tex. Crim. App. LEXIS 548
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Martin, Morrow
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3956130

## Opinion text

The offense is murder; punishment fixed at confinement in the penitentiary for a period of fifteen years.
The State's motion to dismiss the appeal must be sustained. The recognizance states that the appellant was "accused" of the offense of murder. The statute authorizing an appeal requires that the recognizance show that he was "convicted" of a felony. See Art. 817, C. C. P., 1925; Wilmering v. State, 100 Tex. Crim. 169 . When the appellant is at liberty, the jurisdiction of this court to pass upon the merits of the appeal can be invoked alone by a recognizance such as prescribed by Art. 817, or by a bond as prescribed in Art. 818, C. C. P.
For the reasons stated the appeal is dismissed. The appeal may be reinstated by compliance with Art. 835, C. C. P., within fifteen days from this date.
Dismissed.
APPEAL REINSTATED.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3956130. Public record. Not legal advice.