Smalley v. State
Court of Appeals of Texas
Writ op error from the Criminal Court of the city of Marshall, county of Harrison. Tried below before the Hon. J. L. Camp. The judgment final was taken by default. The opinion states all the material facts.
1Opinion of the CourtWhite, J.
Two of the requisites prescribed by statute for bail-bonds are ‘ ‘ that the obligors thereto bind themselves that the defendant will appear before the proper court to answer the accusation against him,” and that the offense of which the defendant is accused “be distinctly *203named in the bond,” etc. Pasc. Dig., art. 2732, subdivs. 2, 3.
The indictment in this case charged the defendant with resisting an officer; the bail-bond upon which plaintiff in error was a surety stated the accusation or offense to be an aggravated assault. There was a forfeiture and judgment nisi upon the bond. The scire…
2Cases cited9 opinions
- Turner v. StateTexas Supreme Court · 1874
- Foster v. StateTexas Supreme Court · 1863
- State v. AkeTexas Supreme Court · 1874
- State v. GordonTexas Supreme Court · 1874
- State v. AngellTexas Supreme Court · 1873
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