Legal Opinion

Howard v. State

Court of Appeals of Texas

Decided March 2, 1892No. 3396Published

Appeal from the County Court of Jackson. Tried below before Hon. Hugh L. White, County Judge. Appellant was convicted in the court below for a disturbance of religious worship, and fined in the sum of $5. And he attempted to appeal on a recognizance which was held fatally defective.

1Opinion of the Court

WHITE, Presiding Judge.

At a former day of the present term we sustained a motion of the Assistant Attorney-General to dismiss the appeal in this case because the recognizance was fatally defective, in that it did not bind the cognizor and his sureties that he would appear before any particular court to abide the decision of the Court of Appeals in his case.

The form prescribed for recognizances on appeals, found in article 852 of the Code of Criminal Procedure, provides as a condition of the recognizance, “that A. B., who stands charged in this court with the offense of * * *, and who has been…

2Cases cited5 opinions

  1. Brown v. StateTexas Supreme Court · 1871
  2. Manes v. StateTexas Supreme Court · 1857
  3. Palvadore v. StateTexas Supreme Court · 1854
  4. Leach v. StateTexas Supreme Court · 1855
  5. Little v. StateTexas Supreme Court · 1861

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