Patton v. State
Texas Supreme Court
Error from Henderson. Tried below before the Hon. .John G-. Scott. The condition of the bail bond described the two •offenses in the phraseology of the charging part of in•dictments for theft from a house.
1Opinion of the CourtEvans, P. J.
The appellant went bail in the sum of one thousand dollars for the appearance of one Watson. “ at the next term of the District Court of Henderson, county.”
Watson failed to appear, and judgment nisi was-taken.
On the scire facias, Patton appeared, and by “plea, and answer” took special exceptions to the sufficiency of the bond.
The exceptions are well taken, for it does not distinctly name the offense, but embraces a description of two offenses, and subjects the appellant to two forfeitures on the same bond. (See Paschal’s Digest, Article 2732; Lawton v. The State, 5 Texas, 270.)
The judgment is…
2Cases cited1 opinion
- Lawton v. StateTexas Supreme Court · 1849
3Cited by2 opinions
- State v. VinsonCourt of Appeals of Texas · 1893
- Douglass v. StateCourt of Appeals of Texas · 1888