
    STEPHENSON v. STATE.
    (No. 5210.)
    (Court of Criminal Appeals of Texas.
    Nov. 20, 1918.)
    Bail <@^=64 — Appeal Bond — Misdemeanors— Recognizance.
    An appeal from conviction of a misdemean- or cannot be consummated by executing an appeal bond; the statute.requiring a recognizance.
    Appeal from Red River County Court; R. J. Williams, Judge.
    Charley Stephenson was convicted of, violating the local option law, and he appeals.
    Appeal dismissed.
    E. B. Hendricks, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

Appellant was convicted of violating the local option law, his punishment being assessed at a fine of $25 and 20 days’ imprisonment in the county jail. .

Appellant failed to enter into a recognizance during term time, but after adjournment of court he executed an appeal bond, which is found in the record. Appeals in misdemeanors cannot be consummated by executing an appeal bond. The statute requires it shall be a recognizance. Court adjourned on the 3d of August, and an appeal bond was executed and filed on the 10th of August, 7 days subsequent to adjournment. The Assistant Attorney General moves to dismiss the appeal because appellant entered into an appeal bond, and not into a recognizance, as required by law. We are of opinion this motion is well taken, and should be. sustained, and it is accordingly so ordered.

The appeal is dismissed. 
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