Wilcox v. State
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. This was an action by scire facias, instituted by the State, to recover of John Wilcox, and from the estate of John S. M‘Donald, deceased, the sum of $500, the amount of a recognisance entered into by H. A. Mann, as principal, and Wilcox and M‘Donald, as sureties, on an indictment against Mann, for grand larceny.
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Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. This was an action by scire facias, instituted by the State, to recover of John Wilcox, and from the estate of John S. M‘Donald, deceased, the sum of $500, the amount of a recognisance entered into by H. A. Mann, as principal, and Wilcox and M‘Donald, as sureties, on an indictment against Mann, for grand larceny. The indictment, which was filed on the 5th of April, 1856, charged the offence against “-Mann, (whose Christian name to the jurors aforesaid is unknown.)” The recognisance entered into on the 16th day of April, 1856, in…
1Opinion of the CourtRoberts, J.
It is objected, that the recognisance in this case is more onerous than the law requires. • It is presumed/ that reference is made to the terms of the recognisance, which requires the defendant to appear from day to day, and from term to term. The bail bond prescribed in the statute required the defendant to appear at the “ next term, then and there .to answer the charges exhibited against him, and that he will not depart therefrom, without the leave of the court.” (Hart. Dig., Art. 2889.) The object of this was to secure his appearance in.court. The court could then, if the case was not…
2Cited by5 opinions
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- Synopsis of OpinionsTexas Supreme Court · 1882
- Wegner v. StateCourt of Appeals of Texas · 1890
- Williamson v. StateCourt of Appeals of Texas · 1882
- Williamson v. StateCourt of Appeals of Texas · 1882