
    BUTLER v. STATE.
    (No. 11273.)
    Court of Criminal Appeals of Texas.
    Dec. 21, 1927.
    Bail <S=>64 — Court of Criminal Appeals acquired no jurisdiction of appeal, where appeal bond instead of recognizance was signed in term time (Code Cr. Proc. 1925, arts. 816, 818).
    Where one convicted of the unlawful possession of mash for the manufacture of intoxicating liquors filed no recognizance during term time, as required by Code Cr. Proc. 1925, art. 816, but instead filed an appeal bond during the term time, under Code Cr. Proc. 1925, art. 818, held, that the Court of Criminal Appeals acquired no jurisdiction of the appeal.
    Commissioners’ Decision.
    Appeal from District Court, Rains County; Grover Sellers, Judge.
    Jess Butler was convicted of the unlawful possession of mash for the manufacturing of intoxicating liquors, and he appeals.
    Appeal dismissed.
    H. D. Garrett and W. W. Berzett, both of Emory, for appellant.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   MARTIN, J.

Offense, the unlawful possession of mash for the manufacture of spirituous, vinous, and malt liquors capable of producing intoxication; penalty, one year in the penitentiary.

No recognizance was filed in term time, as required by article 816, C. C. P. Instead, an appeal bond was filed during term time, under article 818, C. C. P. Under such circumstances this court acquires no , jurisdiction of this appeal, and same is accordingly ordered 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. 
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