
    R. L. Wells v. State.
    No. 1891.
    Decided October 30, 1912.
    Rehearing denied November 20, 1912.
    Embezzlement — Misdemeanor—Appeal Bond.
    Where defendant was convicted of a misdemeanor and filed an appeal bond after adjournment, instead of perfecting his appeal by entering into a recognizance during the term, the appeal must be dismissed,
    
      [Rehearing denied November 20, 1912. — Reporter.]
    Appeal from the District Court of Kaufman. Tried below before the Hon. Richard I. Munroe.
    Appeal from a conviction of a misdemeanor; penalty, a fine of $100 and six months confinement in the county jail.
    The opinion states the case.
    
      James P. Alexander and W. L. Eason, for appellant.
    
      C. E. Lane, Assistant Attorney-General, for the State.
   HARPER, Judge.

— Appellant was indicted, charged with embezzlement in an amount in excess of fifty dollars — a felony. When tried he was convicted of embezzlement of an amount less than fifty dollars — a misdemeanor.

After adjournment of court he attempts to perfect his appeal to this court by filing an appeal bond, not having entered into a recognizance during the term. Having been convicted of a misdemeanor only, the law does not authorize an appeal to be perfected by giving an appeal bond. (Art. 918, Code of Criminal Procedure; Herron v. State, 27 Texas, 337; Cook v. State, 8 Texas Crim. App., 671.) The motion of the Assistant Attorney-General to dismiss the appeal is sustained.

The appeal is dismissed. Dismissed.  