82 S.W.2d 675 | Tex. Crim. App. | 1935
The offense is misdemeanor theft; the punishment, confinement in the county jail for two years.
The State has filed a motion to dismiss the appeal on the ground that the record fails to affirmatively show that the judge trying the case fixed the amount of the appeal bond. It is not affirmatively shown in the record that the amount of the bond under which appellant is enlarged was not fixed by the trial court. The state relies on Hardaman v. State,
Under the foregoing announcement, the State's contention cannot be sustained.
The record is before us without a statement of facts or bills of exception. No question is presented for review.
The State's motion to dismiss the appeal is overruled, and the judgment is affirmed.
Affirmed.
MORROW, P. J., absent.
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.