Weaver v. State
Texas Supreme Court
Error from Lampasas. Tried below before the Hon. E. B. Turner. This is an appeal by Tillman Weaver and S. H. Grizzell, sureties of W. L. Shroyer, on Ms recognizance on an appeal from the District Court of Lampasas county from a judgment of conviction of aggravated assault. On appeal the judgment had been reversed and the cause remanded.
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Error from Lampasas. Tried below before the Hon. E. B. Turner. This is an appeal by Tillman Weaver and S. H. Grizzell, sureties of W. L. Shroyer, on Ms recognizance on an appeal from the District Court of Lampasas county from a judgment of conviction of aggravated assault. On appeal the judgment had been reversed and the cause remanded. After the mandate had been filed, the case being called, a forfeiture of the recognizance was taken and judgment nisi rendered against Shroyer and his sureties, Weaver and Grizzell. Scire facias issued to the sureties, who were served, and they answered…
1Opinion of the Court
Gould, Associate Justice.
The only question presented in this case is, whether the recognizance which the law re*389quires of the defendant in a bailable criminal case in all appeals, binds his sureties for his appearance before the District Court in cases where the action of the Supreme Court has been to reverse the case and remand it for another trial. The condition, as prescribed by law, is “ to appear before the District Court of the county of-, on the --■ Monday of --- next, there to remain from day to day, and term to term, and not depart without leave of said District Court, in order to…
2Cited by7 opinions
- Arbuthnot v. StateCourt of Criminal Appeals of Texas · 1896
- Sanders v. StateCourt of Criminal Appeals of Texas · 1913
- Prater v. StateCourt of Criminal Appeals of Texas · 1908
- Wells v. StateCourt of Appeals of Texas · 1886
- Riviere v. StateCourt of Appeals of Texas · 1879
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