Mathena v. State
Court of Appeals of Texas
Appeal from the County Court of Matagorda. Tried below before the Hon. W. S. Stewart, County Judge. The case is sufficiently stated in the opinion. At a subsequent page will be found the report of this case on the hearing upon the merits.
1Opinion of the Court
White, Presiding Judge.
A motion is made by the Assistant Attorney General to dismiss the appeal in this case because the recognizance is supposed to be defective in that “ the principal and sureties are not severally bound; and because it does not appear from the recognizance that appellant stands charged with any offense in the court below.” It is recited in the recognizance that the principal and sureties (naming them) “ acknowledged themselves bound and indebted to the State of Texas in the penal sum. of one hundred dollars,” etc.
Because the form prescribed for recognizance by Article 852…
2Cases cited1 opinion
- Rainbolt v. StateTexas Supreme Court · 1871