Wells v. State
Court of Appeals of Texas
Appeal from the County Court of Johnson. Tried below before the Hon. B. D. Simpson, County Judge. At the November term, 1884, of the district court of Johnson county, a purported indictment was returned against O. A. Wells for pursuing the occupation of a liquor dealer without having first paid his occupation tax.
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Appeal from the County Court of Johnson. Tried below before the Hon. B. D. Simpson, County Judge. At the November term, 1884, of the district court of Johnson county, a purported indictment was returned against O. A. Wells for pursuing the occupation of a liquor dealer without having first paid his occupation tax. The case was transferred to the county court, and on the thirtieth day of December, 1884, the said 0. A. Wells was arrested and admitted to bail, in the sum of five hundred dollars, with J. P. Semones and J. J. Levy as sureties. At the January term, 1885, of the county court, the…
1Opinion of the Court
Willson, Judge.
It is only in the case of an affirmance of the judgment of conviction by this court, that the defendant’s recognizance given on appeal can be forfeited. When the judgment of conviction is reversed, and this court awards a new trial to the defendant, the cause stands as it would have stood in case the new trial had been granted by the court below. (Code Crim. Proc., Arts. 875-876.) In such case the recognizance given on appeal has served its purpose, and is functus officio. The bail bond, or original recognizance of the defendant in such case, still has full force, and effect,…
2Cases cited5 opinions
- State v. CoxTexas Supreme Court · 1860
- State v. AkeTexas Supreme Court · 1874
- Weaver v. StateTexas Supreme Court · 1875
- State v. RhodiusTexas Supreme Court · 1873
- State FranklinTexas Supreme Court · 1872
3Cited by1 opinion
- Hill v. StateCourt of Criminal Appeals of Texas · 1943