Davis v. State
Texas Supreme Court
Appeal from Wood. The case was tried before Hon. Charles A. Frazer, one of the district judges. Samuel H. Davis was indicted, “for that he did take up and use a certain horse, of the value of $100, the same being an estray horse,” &c. Davis was arrested and gave bond, which recited that the capias was <£ founded upon an indictment, now pending in said county, on a charge of unlawfully using an estray horse,” without complying with the law regulating estrays.
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Appeal from Wood. The case was tried before Hon. Charles A. Frazer, one of the district judges. Samuel H. Davis was indicted, “for that he did take up and use a certain horse, of the value of $100, the same being an estray horse,” &c. Davis was arrested and gave bond, which recited that the capias was <£ founded upon an indictment, now pending in said county, on a charge of unlawfully using an estray horse,” without complying with the law regulating estrays. The defendant failing to appear, the bond was forfeited as to principal and surety.. They afterwards came, in answer to the scire…
1Opinion of the CourtWillie, J.
By article 263 of the Code of Criminal Procedure four requisites are provided for recognizances in order to render them valid and binding upon principal and sureties. The second of these is, the name of the offense with which the defendant is charged should be stated. The third is, that it should appear from the recognizance that the defendant is accused of an offense against the laws of the state. [Paschal’s Dig., Art. 2781, Dote 708.] The recognizance in this case recites, that the defendant is charged with “ unlawfully using an estray horse, without complying with the law regulating…
2Cited by2 opinions
- Cochran v. StateCourt of Criminal Appeals of Texas · 1896
- Riviere v. StateCourt of Appeals of Texas · 1879