Legal Opinion

Moore v. State

Texas Supreme Court

Decided July 1, 1873PublishedCited by 1 opinion

Appeal from Bastrop. Tried below before the Hon. I. B. McFarland. There is no occasion for a statement of the facts.

1Opinion of the CourtOgden, J.

The first objection to the bail bond is not well taken. The law does not require as great particularity in a bond taken by a committing magistrate, as it does in a bond taken before the District Court after indictment found. But under the authority of The State v. Russell, 24 Texas, 505, we must *134decide that the magistrate, before whom the party had been committed, had no authority after the- adjournment of his court, to take and approve a bail bond. The judgment is therefore reversed, and the cause dismissed.

Reversed and dismissed.

2Cases cited1 opinion

  1. State v. RussellTexas Supreme Court · 1859

3Cited by1 opinion

  1. Crumpecker v. StateCourt of Criminal Appeals of Texas · 1904