
    WELLS v. STATE.
    (Court of Criminal Appeals of Texas.
    Oct. 30, 1912.
    Rehearing Denied Nov. 27, 1912.)
    Criminal Law (§ 1076) — Appeal Bond — Approval by Trial Judge.
    Under Code Or. Proc. 1911, art. 904, which requires that the judge who tried the case shall approve the appeal bond, an appeal bond, properly approved by the sheriff, but which, instead of being approved by the judge who tried the case, is approved by another judge, signing himself as special judge, is insufficient, and the appeal will be dismissed.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2708-2716, 3201; Dec. Dig. § 1076.]
    Appeal from District Court, McLennan County; Richard I. Munroe, Judge.
    R. L. Wells was convicted of embezzlement, and he appeals.
    Dismissed.
    James P. Alexander and W. L. Eason, both of Waco, for appellant. C. E. Lane, Asst. Atty. Gen., for the State.
    
      
       For other cases see same topic and section NUMBER in Dee. Dig. & Am. Dig. Key-No. Series & Rep'r Indexes
    
   DAVIDSON, P. J.

Appellant was convicted of embezzlement, and allotted two years in the penitentiary by the verdict of the jury.

After his appeal was consummated he entered into an appeal bond under the terms of article 904 of the Revised C. O. P. The bond was properly approved by the sheriff of McLennan county, but was not approved by the judge who tried the case, Judge Mun-roe, but was approved by Judge Oltorf, signing himself, as special judge of the Fifty-Fourth judicial district of Falls county. The law requires that the judge who tried the case shall approve the bond. See article 904, supra. This would render the appeal bond insufficient, and not in compliance with the statute. Appellant was released from custody on this bond.

Under the law, as it is, the bond being insufficient, this appeal will be dismissed; and it is accordingly so ordered.  