# Nesbit v. State

> Court of Criminal Appeals of Texas · June 29, 1957 · 165 Tex. Crim. 336

URL: https://www.frixlaw.com/law-library/cases/4903280

## Case

- **Full name:** Roosevelt Nesbit v. State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** June 29, 1957
- **Citations:** 165 Tex. Crim. 336
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Woodley
- **Judges:** Woodley
- **Cited by:** 7 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/4903280

## Opinion text

WOODLEY, Judge.
The offense is the unlawful possession of barbiturates; the punishment, one year in jail and a fine of $1000.
Appellant’s motion for new trial was overruled on February 15, 1957, which was during the February term of the trial court, and notice of appeal was given on that date.
The record reflects that appellant is at large on an appeal bond dated and approved February 15, 1957.
An appeal bond entered into before the expiration of the term at which the conviction was had and notice of appeal was given does not comply with the statute, Art. 830 V.A.C.C.P., and does not confer jurisdiction upon this court to enter any order other than to dismiss the appeal. Fowler v. State, 154 Texas Cr. Rep. 450 , 228 S.W. 2d 512 .
Appellant is granted fifteen days in which to file a proper appeal bond and move to reinstate the appeal.
The appeal is dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4903280. Public record. Not legal advice.