State v. Cox
Texas Supreme Court
Appeal from Panola. Tried below before the Hon. C. A. Frazer. Wm. E. Cox, one of the appellees, was indicted in the District Court of Panola county on the 21st day of October, 1857. The indictment charged that said defendant, being the sheriff of said county, as such received and took into his possession a certain sum of money, therein named, from one Spearman Holland, the same being the property of one Jefferson J. Cravens, and that he converted the said sum of money to his…
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Appeal from Panola. Tried below before the Hon. C. A. Frazer. Wm. E. Cox, one of the appellees, was indicted in the District Court of Panola county on the 21st day of October, 1857. The indictment charged that said defendant, being the sheriff of said county, as such received and took into his possession a certain sum of money, therein named, from one Spearman Holland, the same being the property of one Jefferson J. Cravens, and that he converted the said sum of money to his own use, with the intent feloniously to defraud said Cravens; and that the same was done without the consent of said…
1Opinion of the CourtBell, J.
We are of opinion that the court below did not err in sustaining the demurrer to the scire facias. It is well established by numerous decisions of this court, and of other courts, that the scire facias which issues upon the forfeiture of a recognizance, or bail bond, stands in the place of a petition. It must therefore state the facts of which the parties are required to take notice, and which they are called upon to answer, with reasonable certainty. While precise verbal accuracy in the statement of the forfeiture and of the precedent circumstances is not required, still there must be…
2Cited by15 opinions
- Hester v. StateCourt of Appeals of Texas · 1884
- Brown v. StateCourt of Appeals of Texas · 1889
- State v. EyermannSupreme Court of Missouri · 1903
- Bell v. StateCourt of Criminal Appeals of Texas · 1916
- Lee v. StateCourt of Appeals of Texas · 1888
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