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ERNEST LEE MCCOMBS v. STATE (12/18/57)

decided: December 18, 1957.

ERNEST LEE MCCOMBS
v.
STATE



Driving While Intoxicated. Appeal from county criminal court of Dallas County; penalty, 3 days in jail and a fine of $150.00. Hon. Shelby S. Cox, Judge Presiding.

COUNSEL

No attorney for appellant of record on appeal.

Henry Wade, Criminal District Attorney, A. D. Bowie, Assistant District Attorney, Dallas, and Leon Douglas, State's Attorney, Austin, for the state.

Dice, Judge.

Author: Dice

[ 165 Tex. Crim. Page 402]

    The conviction is for driving while intoxicated; the punishment, 3 days in jail and a fine of $150.00. The record reflects that the appellant's motion for new trial was overruled on April 20, 1957 during the March term of the trial court and notice of appeal was given on that date.

The record further reflects that the appellant is at large on an appeal bond approved and filed during the term of court at which notice of appeal was given.

An appeal bond entered into during the term of court at which notice of appeal is given does not comply with the statute, Art. 830, V.A.C.C.P., and does not confer jurisdiction upon this court to enter any order other than to dismiss the appeal. Fowler v. State, 154 Tex. Crim. 450, 228 S.W.2d 512, Banti v. State, 163 Tex. Crim. 89, 289 S.W.2d 244 and Nesbit v. State, No. 29,119, (page 336, this volume), 306 S.W.2d 901.

The appeal is dismissed.

Opinion approved by the Court.

Disposition

Dismissed.

19571218 ...


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