
    READ v. STATE.
    (No. 11772.)
    Court of Criminal Appeals of Texas.
    March 28, 1928.
    Bail <§=>66 — Appellate court cannot pass on merits, where recognizance does not state that appellant was convicted of felony (Code Cr. Proc. 1925, art. 817).
    Court of criminal appeals is without jurisdiction to pass on merits of case, where recognizance does not state that appellant was convicted of felony, as required by Code Cr. Proc. 1925, art. 817.
    Appeal from District Court, Marion County; R. T. Wilkinson, Judge.
    Boss Read was convicted of possessing equipment for the unlawful manufacture of intoxicating liquor, and he appeals.
    Appeal dismissed.
    P. G. Henderson and J. H. Benefield, both of Jefferson, for appellant.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   MORROW, P. J.

Possession of equipment for the unlawful manufacture of intoxicating liquor is the offense; punishment fixed at confinement in the penitentiary for one year.

The case is before us without statement of faets or bills of exceptions. There is nothing in the record upon which a reversal could be ordered. However, this court is without jurisdiction to pass upon the merits of the case owing to the fact that the recognizance does not comply with the legal requirements, in that it fails to state that the appellant was convicted of a felony, such being an essential statutory requisite. See article 817 O. O. P. 1925.

The appeal is dismissed. 
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