Nichols v. State

HENDERSON, Judge.

This is an appeal from a final judgment in a nisi proceeding on a forfeited recognizance. The only question presented for our consideration is whether the recognizance recites that appellant Nichols was charged with a felony: the language of the recognizance in this respect being, “by indictment duly presented and pending in said court, wherein the said 0. G. Nichols is accused of the offense of embezzlement over the value of .$50.” Our statute on -the subject, article 308, Code Criminal Procedure, simply requires that the recognizance state “charged with a felony.” Here the…