Punchard v. State
Decision Date | 08 May 1935 |
Docket Number | No. 17565.,17565. |
Citation | 82 S.W.2d 675 |
Parties | PUNCHARD v. STATE. |
Court | Texas Court of Criminal Appeals |
Appeal from County Court at Law, No. 1, Tarrant County; David McGee, Judge.
Alfard Punchard, alias Alford Punchard, alias Albert Punchard, alias John Cornell, was convicted of misdemeanor theft, and he appeals. On the State's motion to dismiss the appeal.
Motion overruled, and judgment affirmed.
Frank L. Bender, of Fort Worth, for appellant.
Will R. Parker, Crim. Dist. Atty., and Cecil C. Rotsch and Homer B. Green, Asst. Crim. Dist. Attys., all of Fort Worth, and Lloyd W. Davidson, State's Atty., of Austin, for the State.
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 Hardeman v. State, 100 Tex. Cr. R. 358, 273 S. W. 584, which was expressly overruled in Wooten v. State, 109 Tex. Cr. R. 325, 4 S.W.(2d) 563. We quote from the opinion in the case last mentioned as follows:
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.
The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal...
To continue reading
Request your trial-
Ex parte Williams, 68201
...of regularity, as the Court settled in Wooten v. State, 109 Tex.Cr.R. 325, 4 S.W.2d 563 (1928) and reaffirmed in Punchard v. State, 128 Tex.Cr.R. 530, 82 S.W.2d 675 (1935). The first ground of error is However, we find merit in the second ground of error that the amount of bail set by the h......
- Cantrell v. State