Legal Opinion

Moseley v. State

Court of Criminal Appeals of Texas

Decided January 13, 1897No. 948PublishedCited by 9 opinions

Robert Moseley as principal, and I. W. Huber, and S. G. Carter as sureties, executed their bail bond in the sum of $200, bearing date April, 2nd, 1894, and approved May 2nd, 1894, and conditioned for the appearance of the said Moseley before the District Court of Roberts County, to answer the charge, by' indictment, of having stolen two gallons of whiskey. At the April, 1895, term of said court, a forfeiture was taken upon said bond.

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Robert Moseley as principal, and I. W. Huber, and S. G. Carter as sureties, executed their bail bond in the sum of $200, bearing date April, 2nd, 1894, and approved May 2nd, 1894, and conditioned for the appearance of the said Moseley before the District Court of Roberts County, to answer the charge, by' indictment, of having stolen two gallons of whiskey. At the April, 1895, term of said court, a forfeiture was taken upon said bond. Citation having been served on said sureties, all of the defendants appeared at the November, 1895, term of the said court and answered, alleging, in substance,…

1Opinion of the Court

HURT, Presiding Judge.

This is an appeal from a judgment final on a forfeited bail bond, against Robert Moseley, J. W. Huber, and S. G. Carter, the two latter being sureties. The bail bond is in the sum of $200, but the judgment final was rendered for $50. Appellants, in their first bill of exceptions, raise the question as to the action of the court in permitting the State to show on the final ttral that the bond was in fact taken and approved on the 2nd day of May, 1894, instead of the 2nd of April, 1894, as recited in the scire facias. The scire facias in such case answers the purpose of a…

2Cited by9 opinions

  1. Lindsay v. StateCourt of Criminal Appeals of Texas · 1898
  2. O'Clarke v. StateCourt of Criminal Appeals of Texas · 1939
  3. Mayfield v. StateCourt of Criminal Appeals of Texas · 1925
  4. Granberry v. StateCourt of Criminal Appeals of Texas · 1909
  5. Raymond v. StateCourt of Criminal Appeals of Texas · 1920

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