Foster v. State
Texas Supreme Court
Error from Gonzales. Tried below before the Hon. Fielding Jones. The defendant, J. M. Foster, was indicted for an aggravated assault. The offence named in the bail bond was assault and battery. The bond was forfeited; scire facias issued; judgment final rendered againt the defendant and his sureties, who prosecuted their writ of error.
1Opinion of the CourtMoore, J.
One of the requisites prescribed by article 264 of the Code of Criminal Procedure, of a sufficient bail bond, is, that the offence of which the defendant is accused must be distinctly named in the bond, and that it appear therefrom that he is accused of some offence against the laws of the State. It is not sufficient, if some offence known to the laws of the State he named in the bond. The offence named must be that of which the defendant stands charged by the indictment. In this case, the defendant was indicted for an aggravated assault, but the offence named in the bail bond upon which the…
2Cited by10 opinions
- United States v. SauerDistrict Court, W.D. Texas · 1896
- Brown v. StateCourt of Appeals of Texas · 1889
- Barrera's Sureties v. StateTexas Supreme Court · 1870
- McCoy v. StateTexas Supreme Court · 1873
- Burney v. BurneyCourt of Appeals of Texas · 1895
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