Bennett v. State
Texas Supreme Court
Appeal, from (3-nadaloupe. The case was tried before Hon. John Ireland, one of the district judges. The defendant was indicted and found guilty of playing cards at a public place, and he appealed. The parties all argued the case upon the merits. Ho one moved to dismiss the appeal for want of sufficient recognizance. But the case turned upon that point. The recognizance read as follows: “ Come Gr. S. Bennett, as principal, and Jo.
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Appeal, from (3-nadaloupe. The case was tried before Hon. John Ireland, one of the district judges. The defendant was indicted and found guilty of playing cards at a public place, and he appealed. The parties all argued the case upon the merits. Ho one moved to dismiss the appeal for want of sufficient recognizance. But the case turned upon that point. The recognizance read as follows: “ Come Gr. S. Bennett, as principal, and Jo. Johnson and John Holland, as sureties, who acknowledged themselves to owe and be indebted to the state of Texas in the sum of $100 each, to be void upon condition…
1Opinion of the CourtLatimer, J.
This appeal is dismissed for want of a sufficient recognizance. The recognizance contained in the record does not state the name of the offense with which the defendant is charged, nor does it appear from the recognizance that the defendant is charged with any offense.
Appeal dismissed.
2Cited by2 opinions
- Smith v. DunlavyTexas Supreme Court · 1869
- Buie v. StateCourt of Appeals of Texas · 1876