WOODLEY, Judge.
The offense is rape; the punishment, five years.
On May 9, 1959, appellant's motion for new trial was overruled, sentence was pronounced, and notice of appeal was given.
The record contains a recognizance filed March 31, 1959. It is not in the terms required by Art. 817, C.C.P., does not show to have been entered of record, and was filed while motion for new trial was pending and before notice of appeal was given.
It appearing...
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