Wilkins v. State, 17857.

Decision Date22 January 1936
Docket NumberNo. 17857.,17857.
Citation91 S.W.2d 354
PartiesWILKINS v. STATE.
CourtTexas Court of Criminal Appeals

Appeal from District Court, Travis County; J. D. Moore, Judge.

Buster Wilkins was convicted of robbery, and he appeals.

Appeal dismissed.

J. B. Petty, of Austin, for appellant.

Lloyd W. Davidson, State's Atty., of Austin, for the State.

LATTIMORE, Judge.

Conviction for robbery; punishment, five years in the penitentiary.

We are met at the threshold of the consideration of this case with the fact that the appeal bond is not signed by two sureties as required by law. The bond appears to be signed by one surety, and by another who signs by attorney in fact. This court held in Ex parte Albert Meadows, 87 S.W. (2d) 254, decided October 31, 1935, that a surety to a bond in a case of this kind could not sign by an attorney in fact. The appeal bond being defective, this court has no jurisdiction.

The appeal will be dismissed.

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3 cases
  • Newby v. State, 37012
    • United States
    • Texas Court of Criminal Appeals
    • June 24, 1964
    ...not being in substantial compliance with the statute, is insufficient to confer jurisdiction upon this court. Wilkins v. State, 130 Tex.Cr.R. 36, 91 S.W.2d 354; Price v. State, 164 Tex.Cr.R. 312, 299 S.W.2d 141; Mayfield v. State, Tex.Cr.App., 382 S.W.2d 940, decided May 6, The appeal is di......
  • Mayfield v. State
    • United States
    • Texas Court of Criminal Appeals
    • May 6, 1964
    ...the statute, is insufficient to confer jurisdiction upon this court. Price v. State, 164 Tex.Cr.R. 312, 299 S.W.2d 141; Wilkins v. State, 130 Tex.Cr.R. 36, 91 S.W.2d 354. The appeal is Opinion approved by the court. ON MOTION TO RE-INSTATE THE APPEAL WOODLEY, Presiding Judge. Proper appeal ......
  • Ex Parte Lyons
    • United States
    • Texas Court of Criminal Appeals
    • February 12, 1936
    ... ...         Lloyd W. Davidson, State's Atty., of Austin, for the State ...         LATTIMORE, Judge ...         This ... ...

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