Barnes v. State

1. An affidavit attached to a petition for certiorari to review the judgment of a county court in a criminal ease, in which the affiant makes oath that, “owing to his poverty, he is unable to pay the cost or give the bond and security as required by law,” substantially complies with the requirements of section 765 of the Penal Code, notwithstanding such affidavit includes the words relating to the giving of bond and security. This is so because the affidavit unequivocally sets forth the inability of affiant to pay the cost, and does not state conjunctively his inability to give the bond.

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