
    WHEAT v. STATE.
    (No. 3881.)
    (Court Of Criminal Appeals of Texas.
    Jan. 5, 1916.)
    Bail <&wkey;64 — Recognizance — Defective Bond — Effect.
    Where the recognizance is fatally defective, the appeal must be dismissed.
    [Ed. Note. — For other cases, see Bail, Cent. Dig. § 278; Dec. Dig. &wkey;64.]
    Appeal from Tarrant County Court; Jesse M. Brown, Judge.
    Fred Wheat was convicted of selling liquor in nonprohibition territory without a license, and he appeals.
    Appeal dismissed.
    C. C. McDonald, Asst. Atty. Gen., for the State.
   PRENDERGAST, P. J.

This is an appeal from a conviction for selling liquor in non-prohibition territory without any license.

The recognizance is fatally defective, as has many times been held by this court. It will therefore be necessary to dismiss this appeal.

However, we might say that there is neither a bill of exception nor a statement of facts, and no question raised which can be reviewed in the absence of these. It would therefore seem useless to correct the recognizance, as the case shown by this record would necessarily be affirmed if a correct recognizance had been entered into.

The appeal is dismissed.  