P. H. Thrash v. State
Court of Appeals of Texas
Appeal from the District Court of Hood. Tried below before the Hon. T. L. Hugent. The appeal in this case’was from judgment final on the forfeit"ure oí the recognizance of one Wick Casey, bailed under an indictment for the theft of property over the value of twenty •dollars. Five hundred dollars was the amount of the recognisance and judgment. The sufficiency of the scire facias is the subject matter of the last headnote of this report.
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Appeal from the District Court of Hood. Tried below before the Hon. T. L. Hugent. The appeal in this case’was from judgment final on the forfeit"ure oí the recognizance of one Wick Casey, bailed under an indictment for the theft of property over the value of twenty •dollars. Five hundred dollars was the amount of the recognisance and judgment. The sufficiency of the scire facias is the subject matter of the last headnote of this report. It reads as follows: “ The State of Texas ■“Ho. 46. vs. | Sci. Fa. “P. H. Thrash & G. W. Casey. ■“ The State of Texas to the Sheriff or any constable of Hood…
1Opinion of the Court
White, Presiding Judge.
A motion to quash the recognizance was made by appellants and overruled, and, as we think, properly, by the court. Where a recognizance is taken in opon court it will be presumed that the penal sum named in the recognizance was the sum fixed by the court, whether such statement is explicitly made or not in the recognizance itself. The offense charged in the indictment is named, and it fully appears that “ theft of bacon of the value of twenty-seven dollars,” is an offense against the laws of this State,
As to the time and place of appearance, the condition is, “ shall…
2Cases cited2 opinions
- Brown v. StateTexas Supreme Court · 1875
- Barnes v. StateTexas Supreme Court · 1872