Cundiff v. State
Texas Supreme Court
Error from Houston. Tried below before the Hon. Samuel L. Earle. Plaintiff in error was surety on the appearance bond of one Boss, charged with theft. Boss- failing to appear, his bail bond was forfeited, and proceedings had so that judgment final was rendered against plaintiff in error for $800 — from which he prosecutes a writ of error to this court. The proceedings are shown in the opinion of the court.
1Opinion of the CourtWalker, J.
This case is not briefed for the appellant, nor is there any proper assignment for errors. The petition for the writ of error probably states the reasons for bringing the cause to this court.
The affidavit for a continuance is that of the attorney, and not of the party who should make it; but it is not sworn to or signed, and therefore need not be further noticed.
The theft of a watch and chain, with which Boss is charged in the bond, is an offense against our laws. It is not necessary that the bond should state the county in which the offense was committed. (The State v. Brown, 34 Texas, 146.)
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2Cases cited2 opinions
- Haverty v. StateTexas Supreme Court · 1870
- State v. BrownTexas Supreme Court · 1871
3Cited by2 opinions
- Taylor v. StateCourt of Appeals of Texas · 1884
- Whitman Agricultural Co. v. VossCourt of Appeals of Texas · 1885