
    TAYLOR v. STATE.
    (No. 4235.)
    (Court of Criminal Appeals of Texas.
    Oct. 25, 1916.)
    Bail <g==>70 — Bond and Recognizance ■— Tuns hoe Filing.
    Where accused filed appeal bond with the sheriff in term time, the appeal would be dismissed, since in no event can appeal bond be taken in term time; a recognizance being necessary.
    [Ed. Note. — For other cases, see Bail, Cent. Dig. § 287; Dec. Dig. <@=70.] -
    Appeal from District Court, Bowie County ; H. F. O’Neal, Judge.
    J. H. Taylor was convicted of cattle theft, and he appeals.
    Appeal dismissed.
    R. P. Dorough, of Texarkana, for appellant. O. C. McDonald, Asst. Atty. Gen., for the State.
   DAVIDSON, J.

Appellant was convicted of cattle theft, his punishment being assessed at two years’ confinement in the penitentiary.

This appeal must be dismissed, because appellant gave an appeal bond to this court instead of a recognizance; the instrument being entered into during term time. The court adjourned on the 27th day of July, 1916. The bond for the appeal to this court was entered into and approved on July 11, 1916. It is a bond taken and approved by the sheriff, and not a recognizance as required by the statute. During term time a recognizance must be taken, in vacation an appeal bond.

The appeal is dismissed.  