Lowe v. State
Texas Supreme Court
Error from Guadalupe. Indictment against Francis Lowe for larceny of a steer, filed Nov. 14th, 1849 ; capias issued May 29th, 1850, for the body of Francis Lowe; returned “ came to hand the 19th August, A. D. 1850, and executed on the 21st day of August, A. D. 1850.” Then followed a bond by B. F. Low, as principal, and the other plaintiffs in error, as sureties, reciting that indictment was pending against the above B. F. Low, &c. &c., for larceny, &c., and conditioned for…
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Error from Guadalupe. Indictment against Francis Lowe for larceny of a steer, filed Nov. 14th, 1849 ; capias issued May 29th, 1850, for the body of Francis Lowe; returned “ came to hand the 19th August, A. D. 1850, and executed on the 21st day of August, A. D. 1850.” Then followed a bond by B. F. Low, as principal, and the other plaintiffs in error, as sureties, reciting that indictment was pending against the above B. F. Low, &c. &c., for larceny, &c., and conditioned for said Low’s appearance, &c.; dated August. 23d, 1850; filed September 9th, 1850 ; October 28th, 1852, forfeiture nisi…
1Opinion of the CourtWheeler, J.
In the case of Graves et al. v. The People, (11 Ill. R. 542) cited by counsel for the plaintiffs in error, it was held that a recognizance for the appearance of a person by the name of William H. Graves, is not forfeited by an indictment against Harrison Graves, and his non-appearance ; that if the facts of the case warranted it, there should have been an averment in the scire facias, that Harrison Graves was the person who entered into the recognizance by the name of William H. Graves. The present does not differ materially *143from that case. The plaintiff in error, Lowe, was indicted by the…
2Cited by7 opinions
- R. A. Brown & Co. v. ChancellorTexas Supreme Court · 1884
- Fitzgerald v. StateCourt of Criminal Appeals of Texas · 1920
- Cassaday v. StateCourt of Appeals of Texas · 1878
- Fitzgerald v. StateCourt of Criminal Appeals of Texas · 1920
- Loving v. StateCourt of Appeals of Texas · 1880
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