Foster v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Harrison. Tried below before Hon. W. J. Graham. Appeal from a judgment final on a forfeited recognizance. The case is sufficiently stated in the opinion.
1Opinion of the Court
DAyiDSOH, Judge.
This is an appeal from a judgment final upon a forfeited recognizance, and appellants are the sureties. Their principal was indicted for theft of hogs. In answer to the scire facias, among other things, it is set up in their answer that defendant was arrested upon a capias issued from the same district court upon a second indictment, charging the same offense, and that they were thereby released from the first obligation. Both indictments were still pending. In the first’indictment there was but one count, charging theft of hogs. In the second indictment there are several…
2Cited by3 opinions
- State v. ChatfieldSupreme Court of Vermont · 2001
- Russell v. StateTennessee Supreme Court · 1915
- Smith v. StateCourt of Criminal Appeals of Texas · 1929