
    EVANS v. STATE.
    (No. 7050.)
    (Court of Criminal Appeals of Texas.
    June 21, 1922.)
    Bail <®=o70 — Appeal in felony case dismissed where appeal bond is not approved by judge.
    Where the appeal bond of one convicted of unlawfully manufacturing intoxicating liquor is not -approved by the judge, as well as by the sheriff, as required by Code Cr. Proc. 1911, art. 904, the appeal must be dismissed.
    Appeal from District Court, Liberty County ; J. L. Manry, Judge.
    Charlie Evans was convicted of unlawfully manufacturing intoxicating liquor, and he appeals.
    Appeal dismissed.
    R. G. Storey, Asst. Atty. Gen., for the State.
   HAWKINS, J.

Conviction is for unlawfully manufacturing intoxicating liquor; punishment being assessed at one year in the penitentiary.

The trial term of court adjourned March 3, 1922. No recognizance pending appeal was entered into during the term, but after ad-jourment of court appellant filed his appeal bond. The state has filed a motion to dismiss the appeal because the bond is not approved by the trial judge. Article 904, C. O. P., requires an appeal bond filed after adjournment of the trial term to be approved both by the sheriff and the judge. The one in the instant ease is approved by the sheriff only. The state’s motion must be sustained. Hanson v. State, No. 6958, 247 S. W. 852, opinion May 10, 1922, and not yet officially reported.

The appeal is dismissed. 
      <®soFor other oases see same topic and KEY-NUMBER in ail Key-Numbered Digests and Indexes
     