
    BALLARD v. STATE.
    (Court of Criminal Appeals of Texas.
    Jan. 24, 1912.)
    Bail (§ 66) — Recognizance—Statement of Offense — Sufficiency.
    A recognizance on appeal in a misdemean- or case, which states that appellant was “charged with the offense of horse racing on public road,” and was convicted of such offense, does not charge any offense, and the appeal must be dismissed, on motion of the state.
    [Ed. Note. — For other cases, see Bail, Cent. Dig. §§ 279-283; Dec. Dig. § 66.*]
    Appeal from Shelby County Court; E. W. Hooter, Judge.
    Hubie Ballard was convicted of a misdemeanor, and he appeals.
    Dismissed.
    S. H. Sanders, Co. Atty., and C. E. Lane, Asst. Atty. Gen., for the State.
    
      
      For other eases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep’r Indexes
    
   HARPER, J.

Appellant was prosecuted, charged with a misdemeanor, in the county court of Shelby county, and upon conviction was fined in the sum of $25, from which judgment he prosecutes this appeal.

The recognizance in this case states that appellant was “charged with the offense of horse racing on public road, and who has been convicted of such offense.” The Assistant Attorney General has moved to dismiss the appeal because of the insufficiency of the recognizance, in that it does not state that he was charged with or convicted of any offense known to our laws. Such allegations would be insufficient in an indictment or information to charge any offense, and are therefore insufficient in a recognizance, and the motion of the Assistant Attorney General is sustained. Horton v. State, 30 Tex. 191; O’Bannon v State, 9 Tex. App. 465; Schoonmaker v. State, 37 Tex. Cr. R. 424, 35 S. W. 969.

The appeal is dismissed.'  