Freshman v. State
| Decision Date | 27 March 1897 |
| Citation | 39 S.W. 1118 |
| Parties | FRESHMAN v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Dallas county court; T. F. Nash, Judge. Sam Freshman was convicted of pursuing an occupation without a license, and appeals. Dismissed.
Parks & Carden, for appellant. Mann Trice, for the State.
Appellant was convicted of pursuing an occupation without first obtaining a license therefor, and prosecutes this appeal. The record in this case, as in the case of Quarles v. State (just decided) 39 S. W. 668, does not contain a recognizance. Pending appeal, appellant sought, in the same manner as in the Quarles Case, to amend this record, by inserting on the minutes of the court below, and ingrafting on the record here, a recognizance nunc pro tunc. Motion is made by the assistant attorney general to dismiss the appeal on the same grounds as in the case of Quarles v. State (just decided). For the reasons there given, the motion to dismiss the appeal in this case is sustained, and the appeal is dismissed. HURT, P. J., absent.
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Mayhew v. State
...authority after appeal to enter recognizances nunc pro tunc. See Morse v. State, 39 Tex. Cr. R. 566, 47 S. W. 645, 50 S. W. 342; Freshman v. State, 39 S. W. 1118; Quarles v. State, 40 Tex. Cr. R. 354, 50 S. W. 457; Clay v. State, 56 Tex. Cr. R. 516, 120 S. W. 418; Youngman v. State, 38 Tex.......