Randolph v. State

Christian, Judge. The offense is theft; the punishment, confinement in the penitentiary for two years. The appeal bond is defective in that it fails to state that appellant has been convicted of a felony, as is required by Article 817, C. C. P. Teel v. State, 91 S. W. (2d) 747. It is recited in the bond that appellant “stands charged with the offense of a felony, to-wit: theft of an automobile of the value of more than fifty dollars.” Nowhere is it shown that there was a conviction. See Wall v. State, 7 S. W. (2d) 958. Appellant being enlarged under a fatally defective appeal bond, this Court is without jurisdiction. Wall v. State, supra. *82 The appeal is dismissed. The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.