
    BROWN v. STATE.
    (No. 8820.)
    (Court of Criminal Appeals of Texas.
    April 22, 1925.)
    Criminal law <&wkey;1106(1) — Appeal would be dismissed, where transcript not complying with statute.
    Appeal in prosecution for misdemeanor theft would be dismissed, in view of Code Cr. Proc. 1911, art. 931, where transcript was delivered by clerk of court to attorney for defendant, and forwarded by him 'to appellate court, and was not bound with seal of court in which case was tried.
    Appeal from Corporation Court of Texar-kana ; E. Harold Beck, Recorder.
    Jewell Brown was convicted of misdemeanor theft, and he appeals. On motion to dismiss appeal.
    Appeal dismissed.
    T. N. Graham and E. M. Brooks, both of Texarkana, for appellant.
    Tom Garrard, State’s Atty., and Grover C. Morris, Asst. State’s Atty., both of Austin, for the State.
   MORROW, P. J.

The conviction is for misdemeanor theft; punishment fixed at confinement in the county jail for a period of six months.

The case seems to have been tried in the corporation court of the city-of Texarkana, Tex. The transcript appears to have been delivered by the clerk of the court to the attorney for the appellant and forwarded by him to this court. The law requires that it be sent by the clerk of the court in which the case was tried. See article 931, C. C. P.; Dyer v. State, 44 Tex. Cr. R. 78, 68 S. W. 685.

It is observed that the transcript is further defective, in that it is not bound with the seal of the court in which the case was tried as required by law. See Pittman v. State, No. 8821, 272 S. W. 148, not yet [officially] reported.

The appeal is dismissed.  