
    CRAIG v. STATE.
    (Court of Criminal Appeals of Texas.
    May 8, 1912.)
    Bail (§ 64*) — Recognizance on Appeal.
    A recognizance executed by accused after the adjournment of the court, and not entered into in open court, as required by statute, is insufficient; and the appeal must be dismissed on motion of the state.
    [Ed. Note. — Por other cases, see Bail, Cent. Dig. § 278; Dec. Dig. § 64.*]
    Appeal from Sabine County Court; T. R. Smith, Judge.
    Curtis Craig was convicted of crime, and he appeals.
    Dismissed.
    C. E. Lane, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

Some days after the adjournment of court, appellant executed a bond, which is placed in the record as his recognizance or appeal bond. The Assistant Attorney General moves to dismiss the appeal, because, in the first place, the instrument is not a recognizance; and, in the second place, it was executed after the adjournment of court. The statute requires that the recognizance must be entered into in open court.

The motion to dismiss is well taken; and the appeal is dismissed.  