
    CHUMLEY v. STATE.
    (No. 4904.)
    (Court of Criminal Appeals of Texas.
    Feb. 13, 1918.)
    Criminal Law <⅞=31076(4)—Appeal Bonds— Approval by Court.
    Under Code Or. Proc. 1911, art. 904, the appeal bond in a criminal case must be approved by the court, as well as by the sheriff; and, where not so approved by the court, the appeal will be dismissed on motion of the state.
    ^.ppeal from District Court, Sabine County; W. T. Davis, Judge.
    . Henry Chumley was convicted of a felony for unlawful sale of intoxicating liquors, and he appeals.
    Appeal dismissed.
    E. B. Hendricks, Asst. Atty. Gen., for the State.
   MORROW, J.

Appellant was convicted for a felony on the charge, by indictment, for the unlawful sale of intoxicating liquor.

The Assistant Attorney General, on behalf of the state, has filed a motion to dismiss the appeal because of the insufficiency of the appeal bond. There is found in the record an appeal bond in the sum of $2,000, which is approved by the sheriff. The statute, article 904, C. C. P., requires that the bond shall be given in an amount to be fixed by the court as well as the sheriff. It has been held that, unless a bond shows the approval of the court it is insufficient, and will necessitate a dismissal of the appeal. Wells v. State, 68 Tex. Cr. R. 277, 150 S. W. 1163; Black v. State, 68 Tex. Cr. R. 151, 151 S. W. 1053.

In view of the record and the authorities, the motion to dismiss is sustained. 
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