Walker v. State
Court of Criminal Appeals of Texas
Writ of Error from the. County Court of Ellis. Tried below before Hon. B. McDaniel, County Judge. Nellie Walker, being indicted for carrying on and about her person a dirk, executed a bail bond in the sum of $100, for her appearance to answer said indictment in the County Court. Failing to appear, the bond was forfeited against her and the sureties, and this writ of error is sued out by the sureties.
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Writ of Error from the. County Court of Ellis. Tried below before Hon. B. McDaniel, County Judge. Nellie Walker, being indicted for carrying on and about her person a dirk, executed a bail bond in the sum of $100, for her appearance to answer said indictment in the County Court. Failing to appear, the bond was forfeited against her and the sureties, and this writ of error is sued out by the sureties. The error complained of is, that the judgment final is fatally defective, because the offense as recited therein is that she was charged with the offense of “carrying on or about her person a…
1Opinion of the Court
DAVIDSON, Judge.
The writ of error herein is prosecuted from a final judgment rendered upon the forfeiture of a bail bond, in which it is recited, that the principal was required to answer the offense of carrying “ on or about her person a dirk.” In the first error assigned it is con tended, that the said bond is not a valid undertaking in law, because it recites no offense against the penal laws of this State, in that the said offense is therein set out in the disjunctive. The point is well taken. Hart v. The State, 2 Texas Cr. App., 39; Garza v. The State, 22 S. W. Rep., 139.
We deem it…
2Cited by4 opinions
- Hunter v. StateCourt of Criminal Appeals of Texas · 1979
- Lewellen v. StateCourt of Criminal Appeals of Texas · 1908
- Harris v. StateCourt of Criminal Appeals of Texas · 1910
- Hannon v. StateCourt of Criminal Appeals of Texas · 1905