
    MILES v. STATE.
    (No. 7189.)
    (Court of Criminal Appeals of Texas.
    Nov. 8, 1922.)
    (.Criminal law <&wkey;f 109(3) — Insufficiency of caption held ground for dismissal of appeal.
    Insufficiency of caption indicating that proceedings were had at a term of the district court of Navarro county commencing on the 3d day of October, 1921, and ending on the 24th day of December, 1921, held ground for dismissal of appeal.
    2.Bail <&wkey;70 — Appeal dismissed for failure of trial judge to approve bond.
    Where appeal bond was approved only by the sheriff and not by the judge and the sheriff, as required by Code Cr. Proc. 1911, art. 904, the appeal will be dismissed.
    Appeal from District Court, Navarro County; Hawkins Scarborough, Judge.
    R. Q. Miles was convicted of rape, and he appeals.
    Appeal dismissed.
    R. G. Storey, Asst. A tty. Gen., for the State.
   LATTIMORE, J.

Appellant was convicted in the district court of Navarro county of rape, and his punishment fixed at 5 years in the penitentiary.

The state has moved to dismiss this appeal because of the insufficiency of the caption and of the appeal bond. The case was tried at the January term, 1922. The caption indicates that the proceedings were had at a term of the district court of Navarro county, commencing on the 3d day of October, 1921, and ending on the 24th day of December, 1921. This is manifestly insufficient. The appeal bond appearing in the record is approved only by the sheriff. Article 904, C. C. P., requires that such bond be approved both by the sheriff and the judge of the trial court. Hanson v. State, No. 6958, 245 S. W. —, decided May 10, 1922.

Being of opinion that the state is correct in both of its contentions, its motion to dismiss will be sustained, and it is so ordered. 
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