Legal Opinion

Hodges v. State

Texas Supreme Court

Decided July 1, 1857PublishedCited by 6 opinions

Appeal from Guadalupe. Tried below before the Hon. Thomas H. DuVal. Wednesday, 14th May, 1856. The State v. Hodges, No. 262. Comes the District Attorney on behalf of the State, and the defendant being three times solemnly called to come into Court and answer an indictment exhibited against him by the grand jury of Guadalupe county for assault with intent to kill, came not but made default; and the securities of the said Andrew E. Hodges, to wit: Miles Elkins, John C.…

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Appeal from Guadalupe. Tried below before the Hon. Thomas H. DuVal. Wednesday, 14th May, 1856. The State v. Hodges, No. 262. Comes the District Attorney on behalf of the State, and the defendant being three times solemnly called to come into Court and answer an indictment exhibited against him by the grand jury of Guadalupe county for assault with intent to kill, came not but made default; and the securities of the said Andrew E. Hodges, to wit: Miles Elkins, John C. Sheffield, W. H. C. Johnson, A. E. Knowles, Joseph Hawkins, P. E. Oliver and Y. P. Outlaw, being also three times solemnly…

1Opinion of the CourtWheeler, J.

The recognizance appears to have been taken under Article 1706 of the Digest. It does not recite that the principal recognizor had been committed to jail; nor, it is conceived, v?as it necessary that it should so recite.

It sufficiently appears that the Justice in admitting the accused to bail, did fix the amount of the recognizance. Having been committed to jail or to the custody of the Sheriff until he should find bail, that officer was authorized to take the recognizance.

The accused being held to bail by a Justice of the county of Guadalupe, to appear at the next Term of the District Court,…

2Cited by6 opinions

  1. Hodges v. StateCourt of Criminal Appeals of Texas · 1913
  2. Vaughan v. CandlerSupreme Court of Georgia · 1901
  3. Meredith v. StateTexas Supreme Court · 1874
  4. State v. HotchkissTexas Supreme Court · 1867
  5. Bloss v. StateSupreme Court of Kansas · 1873

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