1. — Recognizance — Form.
Recognizance for appeal in the form of an ordinary appearance bond, which failed to state that defendant was convicted of a felony and was bound to abide "judgment of the Court of Criminal Appeals of the State of Texas," was fatally defective.
2. — Recognizance — Jurisdiction.
Where defendant is enlarged upon a fatally defective recognizance in a felony case, Court of Criminal Appeals is without jurisdiction.
CHRISTIAN, JUDGE. —
The offense is driving an automobile on a public highway while intoxicated; the punishment a fine of fifty dollars and confinement in jail for thirty days.
The recognizance for the appeal is fatally defective. It is in the form of an ordinary appearance bond. It fails to state that appellant has been convicted of a felony, and nowhere therein is appellant bound to abide the "judgment of the Court of Criminal Appeals of the State of Texas." Art. 817, C. C. P.; Smart v. State, 32 S.W.2d 197. Appellant being enlarged upon a fatally defective recognizance, this court is without jurisdiction. Smart v. State, supra.
The appeal is dismissed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.