
    TODD v. STATE.
    (No. 3824.)
    (Court of Criminal Appeals of Texas.
    Nov. 10, 1915.)
    1. Bail >@=365 — Recognizance.
    An appeal, in a prosecution for selling intoxicating liquors in prohibition territory, must be dismissed where the recognizance fails to state the punishment assessed against defendant, as required by Code Cr. Proc. 1911, art. 919, prescribing the form of recognizance, and article 920, providing that appeals shall not be entertained without such recognizance.
    [Ed. Note. — Eor other cases, see Bail, Cent. Dig. § 285; Dec. Dig. cgm»65.]
    2. CRIMINAL Law &wkey;>1092, 1099 — Appeal-Record on Appeal — Time oe Filing.
    Where the statement of facts and bills of exception in an appeal from a conviction of selling intoxicating liquors in prohibition territory are not filed' within the time allowed by law, they cannot be considered.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2803, 2829, 2834-2861, 2866-2880, 2919; Dec. Dig. &wkey;1092, 1099.]
    Appeal from Young County Court; W. P. Stinson, Judge.
    R, Ml Todd was convicted of selling, intoxicating liquors in prohibition territory, and he appeals.
    Dismissed.
    See, also, 155 S. W. 220.
    Arnold & Taylor, of Henrietta, for appellant. C. C. McDonald, Asst. Atty. Gen., for the 'State.
   HARPER, J.

Appellant was convicted of selling intoxicating liquors in prohibition territory, and his punishment assessed at a fine of $100, and imprisonment in the county jail for 60 days.

The Assistant Attorney General moves to dismiss the appeal, because the recognizance in this cause does not meet the requirements of the statute. As the recognizance does not state the punishment assessed against appellant, the motion must be sustained. Articles 919, 920, Code Cr. Proc., and authorities cited thereunder.

But if a valid recognizance had been given, we could not consider the statement of facts and bills of exception, because not filed within the time allowed by law.

The appeal is dismissed.  