*1 132 out with the officers and pointed knew of it. went
they Appellant we from the record that even house. It was and gather the vacant aware that the house had been burglarized. the owner was not then which the use of a on the back door key It had been entered by not be key to unlock the door but the could enabled the burglars and his fixtures in of possession appellant removed. The com- taken the house. The burglary were identified as those from panion the from confession to shown aside by testimony appellant’s was officers.
The is sufficient. evidence to to officers was found
The statement made the by appellant to establish his and were provable true and conduced guilt, be Art. P. him sanction of 727 C. C. (1925). under direct against is overruled. motion for rehearing The
Overruled. The Tillie Gerlach v. State. 28, May 13399. Delivered 1930.
No. 18, 1930. reinstate denied
Motion to June Reported (2d) in 29 S. W. 349. case.
The states the opinion Galveston, for of appellant. Henry Greenberg, Oster, Darrouzet, M. for Texas Harold City, City Atty., John L. Barker, Attor and D. Co. for Texas Owen Asst. City, City Atty., of Galveston, Dawson, and A. all of A. State’s Attorney, ney, State, for the Austin,
133 CHRISTIAN, Judge. offense is the vagrancy; punishment, The a fine of two hundred dollars.
There is to show that the in nothing found the recognizance was in recorded the transcript minutes of the court as by required State, law. Moreover, v. 213 Rogers S. W. 637. the recognizance shows to 39, have been 1929, entered into on November which is an date. are impossible We unable to determine whether the recog- nizance was entered into term time. Texas during Jurisprudence, 4, vol. sec. 84. The state’s motion to dismiss the must be appeal sustained.
The is dismissed. appeal
Appeal dismissed. The of the Commission has foregoing opinion of been Appeals examined the the by of Court of Criminal Judges and Appeals approved by the Court. appellant’s appeal.
on motion reinstate to CHRISTIAN, has Judge. Appellant to the remedy attempted defect out in the pointed A opinion the dismissing appeal. recog- nizance, the of which caption shows that it was into in entered the court of the corporation of Texas is forward city City, brought with the certificate of the clerk of the at court law of Galves- county ton to the effect that County said was entered into dur- recognizance the term of court at ing which was tried and If appellant convicted. record, we comprehend the from a in appellant appealed conviction the court of Texas corporation and a trial in the City de novo upon court at county law was convicted. are again We unable to deter- mine from the certificate the that said appearing upon recognizance was entered into in the recognizance court at law county during.the term at which was As appellant convicted. far as the reflects caption matter, the said instrument ais of the of the part proceedings court. An corporation examination of the fails to shed transcript on the It is that light question. observed some of the orders made in the court are embraced in corporation the transcript.
The motion to reinstate the is overruled. appeal
Overruled. The foregoing of the has opinion Commission of been Appeals examined the by of the Judges Court of Criminal and Appeals the approved by Court.