Robinson v. State
Court of Criminal Appeals of Texas
One-Macduff Larkin was convicted in a Justice Court for violating the Sunday law, and prosecuted his appeal to the County Court of Smith County, executing an appeal bond in regular form for $100, with appellants as sureties thereon.
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One-Macduff Larkin was convicted in a Justice Court for violating the Sunday law, and prosecuted his appeal to the County Court of Smith County, executing an appeal bond in regular form for $100, with appellants as sureties thereon. At the May Term said Larkin appeared, and was tried in the County Court and convicted, the fine and costs amounting to $94. When the jury returned the verdict, the sheriff, being specially instructed to do so by the county attorney and the court, took charge of the defendant Larkin and proceeded to hold him until the fine and costs should be paid, or the defendant…
1Opinion of the Court
DAVIDSOR, Judge.
Appeal herein is prosecuted from judgment forfeiting in the County Court an appeal bond from the Justice Court. The principal in the bond was convicted upon appeal, and failing to pay his fine, was committed to custody. One of his sureties, Bloom-berg, gave the officer having his principal in custody a check in payment of the fine and costs. The convicted principal was then released by the officer. When the check was refused at the bank the forfeiture of the appeal bond was taken, and scire facias issued. The appellants excepted to the scire facias, (1) because the date of the…
2Cases cited2 opinions
- State v. ManningTexas Supreme Court · 1855
- Johnson v. StateCourt of Criminal Appeals of Texas · 1893
3Cited by8 opinions
- Whitener v. StateCourt of Criminal Appeals of Texas · 1897
- Hodges v. StateCourt of Criminal Appeals of Texas · 1913
- Salinas v. StateCourt of Criminal Appeals of Texas · 1898
- Johns, Shipman and Heydrick v. StateCourt of Criminal Appeals of Texas · 1930
- Opinion No., Texas Attorney General Reports1986
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