
    GALLON v. STATE.
    (No. 4458.)
    (Court of Criminal Appeals of Texas.
    May 2, 1917.)
    Criminal Law <@=>1131(4) — Appeal Bond — Recognizance.
    Since a defendant convicted of a felony can be iegally discharged only by entering into a recognizance, Ms giving an appeal bond and obtaining his liberty thereby deprived the Court of Appeals of jurisdiction, and his appeal would be dismissed.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2974, 2976, 2977.]
    Appeal from District Court, Morris County ; J. A. Ward, Judge.
    Rich Gallon was convicted of the unlawful sale of liquor,' and appeals.
    Appeal dismissed.
    E. B. Hendricks, Asst. Atty. Gen., for the State.
   PRENDERGAST, J.

Appellant was convicted for an unlawful sale of liquor, a felony, and assessed the lowest punishment. During the term he appealed, and instead of entering into a recognizance in open court, he gave an appeal bond, and was thereupon given his liberty. The only way he could have legally been discharged at the time he was was by entering into a recognizance instead of giving an appeal bond. His giving the appeal bond and obtaining his liberty thereby deprives this court of jurisdiction. Hence the Assistant Attorney General’s motion to dismiss must be granted. Laird v. State, 184 S. W. 810, and several cases following this decided by this court since then.

The appeal is dismissed.  