Bailes v. State
Texas Supreme Court
Appeal from Guadalupe. The transcript did not state who presided in the Court below. The bond was for the appearance of Henry Trammell to answer an indictment for “ betting at a game called Faro.” Scire facias for Trammell returned not found. The scire facias for Bailes, the surety, recited the forfeiture of a bond for the appearance of Trammell to answer an indictment for “playing cards for money;” returned served.
Read the full summary
Appeal from Guadalupe. The transcript did not state who presided in the Court below. The bond was for the appearance of Henry Trammell to answer an indictment for “ betting at a game called Faro.” Scire facias for Trammell returned not found. The scire facias for Bailes, the surety, recited the forfeiture of a bond for the appearance of Trammell to answer an indictment for “playing cards for money;” returned served. The entry of final judgment, commenced as follows: The attorney for the security, Bailes, is allowed to file answer, and on motion of the District Attorney the cause is dismissed…
1Opinion of the CourtWheeler, J.
There manifestly is a fatal variance between the recognizance and scire facias as respects the offence. And we do not think the recital in the entry of judgment sufficient to warrant the Court in holding the objection to have been waived, when it nowhere appears that the defendant was in Court, or that he was represented by any attorney, who undertook to appear and make defence for him.
The judgment is reversed and the cause remanded.
Reversed and remanded.
2Cited by3 opinions
- Arrington v. StateCourt of Appeals of Texas · 1883
- Goodin v. StateCourt of Appeals of Texas · 1883
- Werbiski v. StateCourt of Appeals of Texas · 1886