Doughty v. State
Texas Supreme Court
Appeal from Goliad. Tried- below before the -Hon. Wesley Ogden. This was a scire facias against bail. Indictment for assault with intent to murder was found against the principal in August, 1868, and the bail bond was executed in October, 1868, before the clerk of the District Court, who certified his approval of it Over 'his official signature. Answer to the scire facias alleged the facts succinctly but fully set forth in the first head note.
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Appeal from Goliad. Tried- below before the -Hon. Wesley Ogden. This was a scire facias against bail. Indictment for assault with intent to murder was found against the principal in August, 1868, and the bail bond was executed in October, 1868, before the clerk of the District Court, who certified his approval of it Over 'his official signature. Answer to the scire facias alleged the facts succinctly but fully set forth in the first head note. Exceptions to the answer were filed by the State, and were sustained by the court, and judgment final rendered against the defendants, who moved for a…
1Opinion of the CourtLindsay, J.
Before indictment found, any private person, as well as a peace, officer, may, without warrant, arrest for any offense coming within the grade of a felony. In all such cases, whether the arrest be made by a peace officer or by a private person, either or both must take the person before a magistrate, to be .dealt with as the law prescribes. (See Articles 2677, 2678 and - 2682, of the Code of Criminal Procedure as published in Paschal’s Digest.)
After indictment found, no person but a peace officer can be compelled to execute a warrant of arrest or capias issued upon ■the indictment. But a…
2Cited by2 opinions
- Taylor v. StateCourt of Appeals of Texas · 1884
- Whitman Agricultural Co. v. VossCourt of Appeals of Texas · 1885