
    SELVEY et al. v. STATE.
    (No. 11689.)
    Court of Criminal Appeals of Texas.
    May 23, 1928.
    Bail ⅞=>94 — Failure to file brief in trial court, without showing waiver, required dismissal of appeal from judgment on appearance bond (Code Cr. Proc. 1925, art. 866).
    Under Code Or. Proa art. 866, to effect that proceedings or recovery on appearance bond shall be regulated by same rules that govern civil actions, where an appeal is taken or a writ of error sued out, failure to file a brief in trial court, without showing waiver of such filing, required dismissal of appeal.
    Commissioners’ Decision.
    Appeal from District Court, Nacogdoches County; C. A. Hodges, Judge.
    Action by the State against Paul Selvey and others on an appearance bond. Judgment for the State, and defendants appeal. On motion to dismiss appeal.
    Appeal dismissed.
    Adams & McAlister, of Nacogdoches, for appellants.
    A. A. Dawson, State’s Atty., of Austin, for the State.
   MARTIN, J.

Pinal judgment was rendered in the district court of Nacogdoches county on October 25,1927, against Paul Selvey, as principal, and C. C. Peters and W. C. Blackmon, as sureties, on an appearanfce bond, from which judgment appellants have prosecuted an appeal to this court.

Article 866, C. C. P., provides as follows:

“In the cases provided for in the two preceding articles, the proceedings shall be regulated by the same rules that govern civil actions where an appeal is taken or a writ of error sued out”

The state’s attorney has filed a motion to dismiss this appeal, and it appears that no brief was filed in the trial court, nor is there any waiver of said filing shown to have been made by the attorneys for appellee. Since this appeal is governed by the rules obtaining in civil cases, the motion must be sustained. See authorities cited in Vernon’s C. C. P. vol. 3, pp. 311-312; also article 2283, R. G. S. (1925), and Bratton et al. v. State (Tex.'Cr. App.) 4 S.W.(2d) 562, and authorities there collated.

Under the terms of the statute, and the authorities supra, this appeal must be dismissed ; and it is accordingly so ordered.

PER OURIAM. 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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