Legal Opinion

Couch v. State

Court of Criminal Appeals of Texas

Decided October 27, 1909No. 65PublishedCited by 2 opinions

The opinion states the case.

1Opinion of the Court

DAVIDSON, Presiding Judge.

This appeal is from a forfeiture of a bail bond. The judgment was taken by default.

It is contended that the service and execution thereof, as shown by the officer’s return, is not sufficient. The return as to the service and execution of the papers, notice, etc., is as follows: “Came to hand 33d day of August, 1908, and executed on J. C. Couch 33d day of August, 1908, in Brownwood, Tex., and executed on C. H. Benney Sept. 1, 1908, in Brownwood, Tex.” Signed by the sheriff by a deputy. Under all the authorities this service is not sufficient. Article 480 Code Criminal…

2Cases cited3 opinions

  1. Shepherd v. WhiteTexas Supreme Court · 1854
  2. Hughey v. MosbyCourt of Appeals of Texas · 1902
  3. Rutherford v. DavenportCourt of Appeals of Texas · 1891

3Cited by2 opinions

  1. Finley v. StateCourt of Criminal Appeals of Texas · 1921
  2. Grammer v. StateCourt of Criminal Appeals of Texas · 1921

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