Gay v. State
Texas Supreme Court
Error from Guadalupe. Tried below before the Hon. Thomas H. DuVal. Scire facias on the forfeited bond of Eobert M. Fore, Thomas A. Gay and Floyd Layton for the appearance of said Fore to answer an indictment for “ stealing two bushels of corn, the property of one Archibald Cone,” as recited in the bond. The bond recited the indictment of said Fore, and his apprehension by the Sheriff upon a capias, and was taken and approved by the Sheriff.
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Error from Guadalupe. Tried below before the Hon. Thomas H. DuVal. Scire facias on the forfeited bond of Eobert M. Fore, Thomas A. Gay and Floyd Layton for the appearance of said Fore to answer an indictment for “ stealing two bushels of corn, the property of one Archibald Cone,” as recited in the bond. The bond recited the indictment of said Fore, and his apprehension by the Sheriff upon a capias, and was taken and approved by the Sheriff. The scire facias was directed to the Sheriff or any legal officer of said county, and was returned by “Sam’l Beckman, Constable,” as received by him and…
1Opinion of the CourtWheeler, J.
A suit on a forfeited recognizance, conditioned for a party’s appearance to answer to an indictment, it has been held, is not a civil action. (Commonwealth v. The County Commissioner, 8 Serg. & R. 151.) It is, it is said, of a criminal *507nature, “ an instrument to coerce the appearance of the accused to take his trial—a power incident to every criminal Court; a power to commit to prison, to deliver on the recognizance into the custody of the bail; these manucaptors being his jailers, and he constantly in a state of commitment. Though the action is not directly to punish the offender, yet it…
2Cited by31 opinions
- State v. SellersCourt of Criminal Appeals of Texas · 1990
- State Ex Rel. Vance v. RouttCourt of Criminal Appeals of Texas · 1978
- Jeter v. StateTexas Supreme Court · 1894
- General Bonding & Casualty Ins. v. StateCourt of Criminal Appeals of Texas · 1913
- Safety National Casualty Corp. v. StateCourt of Criminal Appeals of Texas · 2010
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