80 S.W. 373


DAY
v.
STATE.


Court of Criminal Appeals of Texas.


April 13, 1904.

Appeal from Freestone County Court; J. Ross Bell, Judge.

Gabe Day was prosecuted for a crime, and from a judgment of the county court 
dismissing his appeal from a justice he appeals. Affirmed.

Howard Martin, Asst. Atty. Gen., for the State.

HENDERSON, J.

This case was tried in the justice court, and an appeal prosecuted

Page 374

to the county court. On motion of the county attorney, the appeal in the county 
court was dismissed on the ground that the bond was defective, in not stating 
that appellant was convicted of a misdemeanor "on an information or complaint." 
We have examined the record carefully, and the bond omits to state that there 
was an information or complaint on which the conviction was had. This is 
required by the statute relating to appeals from justice to the county courts. 
See amendment to article 889, Code Cr. Proc. 1895, Gen. Laws 27th Leg. p. 291, 
c. 124. An examination of this act of the Legislature shows that it is required 
that the bond shall describe the judgment appealed from with sufficient 
certainty to identify it, and that it shall recite that defendant was convicted 
on "complaint or information" charging him with a misdemeanor, etc. So it would 
seem that, in addition to other requisites sufficiently identifying the judgment 
appealed from, it is required that it be stated that the conviction was "on a 
complaint or information," as the case may be. The Legislature evidently 
intended to simplify the appeal bond, for the benefit of appellants, but certain 
essentials are prescribed, and we do not feel authorized to dispense with them.

The judgment is affirmed.