Legal Opinion

Anduaga v. United States

Court of Appeals for the Fifth Circuit

Decided November 21, 1918No. 3284PublishedCited by 2 opinions

In Error to the District Court of the United States for the Western District of Texas, San Antonio Division; Duval West, Judge. Action by the United States against Enrique Anduaga and A. B. Copeland. Judgment for the United States, and defendants bring error.

1Opinion of the Court

BATTS, Circuit Judge.

Article 1014, R. S. (Comp. St. 1916, § 1674), provides that a United States commissioner may take bail in any state “agreeably to the usual mode of process against offenders in such state.” A provision of Code of Criminal Procedure of Texas 1911, art. 321, is to the effect that—

“A bail bond shall be sufficient if it contains the following requisites: * * *
“3. If the defendant is charged with an offense that is a felony, that it state that he is charged with a felony.”

The bond upon which the judgment appealed from was based was in accordance with the law, unless the…

2Cited by2 opinions

  1. United States v. SmithDistrict Court, D. New Jersey · 1933
  2. United States v. BuchananDistrict Court, W.D. Texas · 1919

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