
    LEWIS et al. v. STATE.
    (No. 11690.)
    Court of Criminal Appeals of Texas.
    May 23, 1928.
    Bail &wkey;>94 — Briefs on appeal from judgment forfeiting appearance bond must be hied as in civil cases, or waiver thereof appear to present dismissal (Rev. St. 1925, art. 2283; Code Cr. Proc. 1925, art. 856).
    On appeal from final judgment on forfeiture of appearance bond, briefs must be 'filed in tyial court and in Court of Criminal Appeals in compliance with law and rules governing civil cases under Rev. St. 1925, art. 2283, and Code Cr. Proc. 1925, art. 856, or a waiver of such filing must appear of record; otherwise appeal will be dismissed.
    Commissioner’s Decision.
    Appeal from District Court, Nacogdoches County; C. A. Hodges, Judge.
    Proceedings by the State against J. L. Dewis and others to forfeit appearance' bond. Prom a final judgment of forfeiture, defendants appeal.
    Appeal dismissed.
    Adams & McAlister, of Nacogdoches, for appellants.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   CHRISTIAN, J.

This is an appeal from a final judgment upon forfeiture of an appearance bond.

The state has filed a motion to dismiss the appeal. The motion must be granted. The record fails to show that any briefs were filed hy appellants in the trial court. We fail to find a waiver by the state of such filing. It is the uniform holding of this court that in cases such as this briefs must be filed in the trial court and in this court in compliance with the law and rules governing civil cases, or a waiver of such filing must appear of record. Article 2283, Revised Civil. Statutes 1925; article 856, C. C. P.; Bratton et al. v. State (Tex. Cr. App.) 4 S.W.(2d) 562, and authorities cited.

The appeal is dismissed.

PER CURIAM. The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals, and approved by the court. 
      ®soFor other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     