
    CANE v. STATE.
    (No. 6819.)
    (Court of Criminal Appeals of Texas.
    April 5, 1922.)
    Criminal law <§=3i 131 (4) — Appeal held properly dismissed.
    An appeal from a conviction of a. misdemeanor, where the caption does not name the date upon which the term of court began at which appellant was tried and no notice of appeal appears 'in the record nor is there any final judgment, will be dismissed on the state’s motion.
    Appeal from Orange County Court; Ed. S. McCarver, Judge.
    Obey Cane was convicted of theft, and he appeals.
    Appeal dismissed.
    D. A. Puckett, of Beaumont, for appellant.
    R. G. Storey, Asst. Atty. Gen., for the State.
   MORROW, P. J.

The offense is theft, a misdemeanor. The caption does not name the date upon which the term of court began at which the appellant was tried. No notice of appeal appears in the record, nor is there any final judgment.

For these reasons, the Assistant Attorney General, on behalf of the state, has filed a motion to dismiss the appeal. The motion is granted, and the appeal is dismissed.  