Legal Opinion

Markham v. State

Court of Criminal Appeals of Texas

Decided February 10, 1894No. 324PublishedCited by 2 opinions

Appeal from the County Court of Archer. Tried below before Hon. A. LewellyN, County Judge. This appeal is from a judgment final on a forfeited bail bond executed by John Markham as principal, with R. H. Jones and J. F. Batía as sureties, in the sum of $200, conditioned for the appearance of said Markham before the County Court to answer to an information against him for carrying a pistol.

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Appeal from the County Court of Archer. Tried below before Hon. A. LewellyN, County Judge. This appeal is from a judgment final on a forfeited bail bond executed by John Markham as principal, with R. H. Jones and J. F. Batía as sureties, in the sum of $200, conditioned for the appearance of said Markham before the County Court to answer to an information against him for carrying a pistol. Having failed to appear, the bond was forfeited and judgment nisi rendered, with scire facias to the sureties. In answer to the scire facias the sureties pleaded sickness of their principal at the time said…

1Opinion of the Court

SIMKINS, Judge.

Appellant, John Markham, being charged by information in the County Court of Archer County with unlawfully carrying a pistol, entered into a bail bond, with J. F. Batía and R. H. Jones as sureties, conditioned for his appearance before said court at the July Term, 1893. His case was called on July 3, 1893, and not being present, it was passed until July 7, at which time, he being still absent, a judgment nisi was taken upon the bond. In their answer to the judgment nisi the sureties set up the sickness of their principal, the said John Markham, on the 7th day of July; that he…

2Cited by2 opinions

  1. Hernden v. StateCourt of Criminal Appeals of Texas · 1974
  2. Prescott v. StateCourt of Criminal Appeals of Texas · 1963

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