
    BREAKWELL v. STATE.
    (No. 3873.)
    (Court of Criminal Appeals of Texas.
    Jan. 5, 1916.)
    Criminal Law <&wkey;1087 — Reookd on Appeal —Recognizance—Sufficiency.
    Where the only notice of appeal in the record is the recital in the recognizance of the conditions that the defendant should appear to abide the judgment of the Court of Criminal Appeals, the record was insufficient to confer jurisdiction on the Court of Criminal Appeals.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2770-2781, 2794; Dec. Dig. &wkey;10S7.]
    Appeal from Bexar County Court; Nelson Lytle, Judge.
    J. Breakwell was convicted of being a vagrant, and he appeals.
    Appeal dismissed.
    C. C. McDonald, Asst. Atty. Gen., for the State.
   HARPER, J.

Appellant was convicted of being a vagrant, and his punishment assessed at a fine of $200.

No motion for a new trial accompanies the record. The record contains no bills of exception, nor a statement of facts. The only notice of appeal contained in the record is recited in the rec'ognizance, the conditions of which are that he shall appear before the court from day to day and from term to term in order to abide the judgment of the Court of Criminal Appeals of the state of Texas in this case. This recital has been held to be insufficient to confer jurisdiction on this court.

The appeal is therefore dismissed. 
      (§=AEor other oases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     