
    BATES et al. v. STATE.
    (No. 9538.)
    (Court of Criminal Appeals of Texas.
    April 21, 1926.)
    Bail <&wkey;>94.
    Appeal bond, conditioned to abide judgment of Supreme Court or Court of Civil Appeals, does not give Court of Criminal Appeals jurisdiction.
    Commissioners’ Decision.
    Appeal from District Court, Falls County; Prentice Oltorf, Judge.
    Proceeding on bail bond by the State against Dolph Bates and others. From a judgment forfeiting the bond, defendants appeal.
    Appeal dismissed.
    Harper, Sturgeon & Lewis, of Dallas, for appellants.
    Sam D. Stinson, State’s Atty., of Austin, and Robt. M. Lyles, Asst. State’s Atty., of Groesbeck, for the State.
   BAKER, J.

This is an appeal by the appellants from a final judgment of the district court of Falls county on the forfeiture of a bail bond.

The appeal bond in this case is conditioned that the appellants, naming them, “shall prosecute their appeal with effect, and in case judgment of the Supreme Court or the Court of Civil Appeals shall be against them, they shall perform its judgment, sentence or decree,” etc. This bond is wholly insufficient to give this court jurisdiction of the appeal, in that it is conditioned to abide the judgment of the Supreme Court or the Court of Civil Appeals, instead of binding the appellants to abide the judgment of this court For that reason, this court is without jurisdiction, and the appeal will therefore be dismissed. Anderson et al. v. State, 166 S. W. 1164, 74 Tex. Cr. R. 67.

It might be proper at this time to call the attention of appellants’ attorneys to the fact that this case is not briefed in accordance with the rules governing civil cases, which rules are binding on this court in cases of this kind.

The appellants are hereby granted 15 days within which to prepare and file a proper bond in this case; otherwise the order will be made final.

For the reasons above stated, the appeal. is dismissed.

PER CURIAM.

The foregoing opinion by the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.  