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THERRELL v. STATE

No. 27562.

279 S.W.2d 879 (1955)

Allen D. THERRELL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion for Rehearing June 1, 1955.

Attorney(s) appearing for the Case

C. S. Farmer, Waco, for appellant.

John R. Lee, Dist. Atty., Kermit, H. D. Glover, County Atty., Pecos, Leon Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The appeal is from a conviction for aggravated assault; the punishment, two years in jail.

The record contains no recognizance or bond on appeal, and there is no showing that appellant is confined in jail.

A notation from the court's docket suggesting that a recognizance may have been entered into is not sufficient. Steele v. State, 94 Tex.Cr.R. 345, 251 S.W. 222.

In the absence of a bond or recognizance substantially in the...

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