Turner v. State
Texas Supreme Court
Appeal from Titus. Tried below before the Hon. M„ L. Crawford. This is an appeal from a final judgment against Turner and others, sureties of James Daffern, obligors in a bail bond approved by a deputy sheriff, requiring Daffern “to-answer the State of Texas on a charge against him by complaint before Rufus Mann, justice of the peace, wherein the said James Baffern is charged that on the 23d day of Hovember, 1872, did in said county cut and stab Lafayette Hightower, with…
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Appeal from Titus. Tried below before the Hon. M„ L. Crawford. This is an appeal from a final judgment against Turner and others, sureties of James Daffern, obligors in a bail bond approved by a deputy sheriff, requiring Daffern “to-answer the State of Texas on a charge against him by complaint before Rufus Mann, justice of the peace, wherein the said James Baffern is charged that on the 23d day of Hovember, 1872, did in said county cut and stab Lafayette Hightower, with intent to kill and murder him, the said Hightower.” The bond was otherwise good. It was, however, not marked filed in the…
1Opinion of the Court
Moore, Associate Justice.
The only objection to the bail bond upon which the judgment was taken which we deem it essential to notice'is that “there is no such offense known to the laws of the State of Texas as to “ cut ” and “ stab with intent to kill and murder.” This objection is based, no doubt, upon the supposition that the bond is defective for want of the third of the essential requisites of a bail bond, as presented in the Code of Criminal Procedure, which is, “ that the offense of which the defendant is accused be distinctly named in the bond, and that it appear therefrom that he is…
2Cases cited2 opinions
- Holman v. Chevaillier's Adm'rTexas Supreme Court · 1855
- Knight v. HollomanTexas Supreme Court · 1851
3Cited by16 opinions
- Standard Fire Insurance Co. v. Christy Jean Wand LaCokeTexas Supreme Court · 1979
- Biffle v. Morton Rubber Industries, Inc.Texas Supreme Court · 1990
- Newsom v. BoydCourt of Appeals of Texas · 1947
- Eggenberger v. BrandenbergerTexas Supreme Court · 1889
- Brown v. StateCourt of Appeals of Texas · 1889
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