
    WILLIAMS v. STATE.
    (No. 5200.)
    (Court of Criminal Appeals of Texas.
    Nov. 20, 1918.)
    Bail <&wkey;64 — Appeal — Recognizance — Necessity.
    In onder to give Court of Criminal Appeals jurisdiction of appeal from misdemeanor conviction, a recognizance must be entered into in open court before court adjourns for term at which conviction occurred, under Vernon’s Ann. Code Cr. Proc. 1916, art. 918.
    Appeal from Lamar County Court; Tom L. Beauchamp, Judge.
    Walter Williams was convicted of using another’s motor vehicle without his consent, and he appeals.
    Appeal dismissed.
    E. B. Hendricks, Asst. Atty. Gen., for the State.
   PRENDERGAST, J.

Appellant was convicted for violation of section 31 of the Acts of 1917, p. 483 (Vernon’s Ann. Pen. Code Supp. 1918, § 1259aa), making it an offense to use another’s motor vehicle without his consent.

The term of the court at which he was convicted adjourned Becember 8, 1918. During that term he did not enter into a recognizance in order to enable him to appeal, but, instead, several days after the adjournment attempted to give this court jurisdiction by executing an appeal bond. The statute (article 918, C. C. P.) and the decisions thereunder in Vernon’s Crim. Proc. p. 880, all hold that in order to give this court jurisdiction of an appeal from a misdemean- or conviction a recognizance must be entered into in open court before tbe court adjourns for tbe term at wbicb tbe conviction occurs. Tbis court lias not and cannot acquire júrisdiction of tbis case because of a failure to enter into a recognizance. Some of tbe cases are cited. Tbe Assistant Attorney General’s motion therefore to dismiss tbis appeal because of failure to enter into sucb a recognizance must be, and is, granted.

Appeal dismissed. 
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