
    GRANT v. STATE.
    (No. 11571.)
    Court of Criminal Appeals of Texas.
    May 23, 1928.
    Criminal law <&wkey; 1086(1) — Failure tw show defendant convicted for carrying pistol had been in custody or filed recognizance required dismissal of appeal.
    Failure on appeal from judgment of conviction for carrying a pistol to show that defendant had been in custody continuously since his trial or had filed a recognizance or appeal bond required dismissal of appeal for lack of jurisdiction.
    Appeal from Lavaca County Court; C. L. Stavinoha, Judge.
    Thomas Grant was convicted for carrying a pistol, and he appeals.
    Appeal dismissed.
    Will T. Bagby, of Hallettsville, for appellant.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   LATTIMORE, J.

Conviction for carrying a pistol; punishment a fine of $100.

There appears in this record neither a recognizance nor an appeal bond. The state' makes the point that there is no showing herein that appellant has been in custody continuously since his trial, and that for the lack of such showing or of a recognizance or appeal bond, this appeal should be dismissed, and in this connection it is shown that there is on file herein an affidavit of the sheriff of Lavaca county stating that at no time since the trial of this ease on September 6, 1927, has appellant been in jail or in custody because of the judgment herein. Under all the authorities this court is without jurisdiction of this appeal, and same must be dismissed. Allison v. State, 33 Tex. Cr. R. 501, 26 S. W. 1080; Bruce v. State, 40 Tex. Cr. R. 378, 50 S. W. 721; McHenry v. State, 42 Tex. Cr. R. 469, 60 S. W. 880; Sandifer v. State, 63 Tex. Cr. R. 361, 139 S. W. 1155; White v. State, 87 Tex. Cr. R. 315, 221 S. W. 283.

The appeal is dismissed.  