Legal Opinion

Riviere v. State

Court of Appeals of Texas

Decided July 1, 1879Published

Appeal from the Criminal Court of the city of Waco. Tried below before the Hon. N. S. Battle. The opinion states the casé. The judgment appealed from was rendered in March, 1876, and before the abrogation of the Criminal Court of Waco by the present Constitution.

1Opinion of the CourtWhite, J.

One Owens , was indicted under art. 2441, Paschal’s Digest, for a violation of the estray laws. After arrest he executed a bail-bond to appear, and answer the indictment. He did appear, was tried and'convicted, and appealed the case to the Supreme Court, and these appellants became sureties in the recognizance. The judgment was reversed, and the cause remanded for a new trial. Owens failing to appear, a judgment nisi'was rendered on the recognizance, with scire facias to the sureties.

The main ground of defence in the lower court, and one which is still insisted upon here, is that the reversal…

2Cases cited6 opinions

  1. State v. HutchinsonTexas Supreme Court · 1861
  2. Weaver v. StateTexas Supreme Court · 1875
  3. Davis v. StateTexas Supreme Court · 1867
  4. Gonzales v. StateTexas Supreme Court · 1868
  5. State v. MeschacTexas Supreme Court · 1867

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