Black v. State

• Decision Date: 13 November 1912
• Parties: BLACK v. STATE.
• Court: Texas Court of Criminal Appeals

151 S.W. 1053

BLACK v. STATE.

Court of Criminal Appeals of Texas.

November 13, 1912.

On Motion for Rehearing, December 4, 1912.

Appeal from District Court, Panola County; W. C. Buford, Judge.

Jasper Black was convicted of pursuing the business of selling intoxicants in prohibition territory, and he appeals. Affirmed.

Brooke & Woolworth, of Carthage, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.

HARPER, J.

Appellant was prosecuted and convicted of the offense of pursuing the occupation of selling intoxicating liquors in prohibition territory, and his punishment assessed at two years' confinement in the penitentiary.

The appellant after conviction attempted to appeal his case by filing an appeal bond. The bond copied in the record is not drawn in accordance with the law. It does not recite that appellant has been convicted of any offense, does not disclose the punishment assessed, and does not bind the appellant "to abide the judgment of this court" in this case. Neither has it been approved by the judge trying the case, and in no sense is it in compliance with articles 903 and 904 of the Code of Criminal Procedure.

For these reasons, the cause must be dismissed.

On Motion for Rehearing.

At a former day of this term this case was dismissed on account of defective appeal bond. Appellant has filed his affidavit and a certificate of the clerk showing that the bond copied in the record is not the bond on file in the district court, but the bond, as filed by appellant, is in full compliance with the law governing appeals, and, of course, is entitled to have this cause reinstated. The clerk states: "On the last day of the term the motion for a new trial was by the court in all things overruled as shown by records in the said cause, and that on the said 25th day of April the said district court of Panola county, Tex., adjourned for the term, and that on the said day there was filed in my office by the attorneys for Jasper Black an appeal bond, of which said bond the following is an exact and literal and verbatim copy, and which said bond was approved by the Hon. W. C. Buford, judge of the said district court, and W. D. Anderson, sheriff of Panola county, Tex.; that the same was not made a part of the record of the said cause, and was not copied in the transcript of the case of Jasper Black, which was appealed to the honorable Court of Criminal Appeals of the state of Texas, and was by oversight left out of said transcript containing the record of said appeal, and that the copy of the said appeal bond was left out entirely by the carelessness of myself, and was not in any way the fault of either of the attorneys who were and are representing the defendant."

There are a number of bills of exception in the record; No. 1 reading as follows: "Be it remembered that upon the trial of the above numbered and styled cause, and while Lenwood Neal, a witness, was on the stand for the state, that the state asked said witness the following question: `Q. Did you ever give Jasper Black groceries when you didn't get some whisky before you let him have the groceries?' To which the defendant then and there objected for the reason that...