Ferrill v. State

The appellant was indicted for a misdemeanor. Under the provision of article 541 of the Code of Criminal Procedure, he was tried in his absence from the court. [Paschal’s Dig., Art. 3009, Note 739.] There was a verdict of guilty, and judgment accordingly, and his attorney entered into a recognizance in his behalf to abide the decision of this court upon an appeal here taken.

We decided in the case of Chancy v. The State, 23 Tex., 24, that it is not competent for the attorney of the defendant, or any other person than the defendant himself, to enter into recognizance, as required by article 722…