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Flynn v. State

Jack Flynn v. the State

Flynn v. State, 82 S.W. 509 (Tex. Crim. App. 1904)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
October 12, 1904
Docket
No. 2922.
Judges
Hehdersoh
Citations
82 S.W. 50947 Tex. Crim. 1521904 Tex. Crim. App. LEXIS 254
Headnotes
Recognizance on Appeal—Corporation Court. Where an appeal has been prosecuted from a corporation court or justice court to the county court and there dismissed, and appeal prosecuted to the Court of Criminal Appeals, it is required among other essentials that the recognizance state the amount of punishment assessed against appellant in the corporation court Following Horton v. State, 4 Texas Ct. Rep., 895.
Summary
Appeal from the County Court of Lamar. Tried below before Hon. John W. Love. Appeal from a dismissal of appeal from a corporation -court of the city of Paris. Ho statement necessary.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Hehdersoh

HEHDERSOH, Judge.

Appellant was convicted in the corporation court of the city of Paris, Lamar County, of violating an ordinance of the city of Paris and prosecutes an appeal. The Assistant. Attorney-General has made a motion to dismiss the appeal on the alleged .ground that the recognizance is defective, in that it doeg not state the amount *153 of the punishment assessed against appellant in the corporation court, where the conviction occurred, “as prescribed in Horton v. State, 4 Texas Ct. Rep., 895. We have examined the recognizance in connection with the rule regulating recognizances, where an appeal has been prosecuted from a corporation court or justice court to the county court and there dismissed, and appeal prosecuted to this court, as laid down in Horton v. State, supra; and the defect here pointed out, comes clearly within the rule there prescribed. Besides other essentials, it is required that the appeal bond state the amount of punishment assessed against appellant in the corporation court. This the recognizance fails to do. The appeal is therefore dismissed.

Dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1908: 119082026peak 1908 · 1

Relies on it most ⓘ

  1. State v. Mattson117 N.W. 227 (Minn. 1908)

Most recent

  1. State v. Mattson117 N.W. 227 (Minn. 1908)

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