
    GOLLE v. STATE.
    (No. 7337.)
    (Court of Criminal Appeals of Texas.
    Jan. 17, 1923.)
    Bail &wkey;>70 — Appeal dismissed where appeal bond is approved by sheriff only.
    In view of Code Cr. Proc. 1911, art. 904, where an appeal bond is approved by the sheriff only, when it should also be approved by the trial judge, the appeal will be dismissed.
    Appeal from District Court, Palo Pinto County; J. B. Keith, Judge.
    Joe Golle was convicted of manufacturing whisky and he appeals.
    Appeal dismissed.
    R. G. Storey, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Erom a conviction for manufacturing whisky, with penalty of three years in the penitentiary, this appeal is prosecuted.

The appeal bond is'approved only by the sheriff, when it should also be approved by the trial judge; for this reason the state has ¡filed a motion to dismiss the appeal. The following authorities support the motion. Article 904, C. O. P.; Cbumley v. State, 83 Tes. Or. R. 54, 201 S. W. 176; King y. State, 83 Tes. Cr. R. 304, 203 S. W. 52; Johnson y. State, 83 Tes. Or. R. 376, 203 S. W. 903; Gray v. State, 88 Tes. Or. R. 1, 224 S. W. 513.

The appeal must be dismissed. 
      
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