Legal Opinion

Turner v. State

Court of Appeals of Texas

Decided May 9, 1883No. 2755PublishedCited by 3 opinions

Error from the District Court of Shackelford. Tried below before the Hon. T. B. Wheeler. The writ of error in this case was prosecuted from the forfeiture of the bond of J. J. Covington, who was bailed to the District Court of Shackelford county, under a charge of horse theft. Fifteen hundred dollars was the amount of the bond and judgment; from which judgment the appellant alone of the sureties prosecutes this writ of error. The opinion sufficiently discloses the case.

1Opinion of the Court

Willson, Judge.

It is contended by plaintiff in error that the bail bond which is the foundation of the judgment from which this writ of error is prosecuted is a nullity, because, first, it does not name the place at which the principal in said bond bound himself to appear; and second, its conditions are more onerous than required by law. We think the first objection is not well taken. In stating the place where the accused binds himself to appear, it is sufficient to specify the name of the court or magistrate, and of the county. (Code Crim. Proc., Art. 288, Sub. 5.) This bond binds the…

2Cases cited4 opinions

  1. Wooters v. SmithTexas Supreme Court · 1882
  2. Barringer v. StateTexas Supreme Court · 1864
  3. Lawton v. StateTexas Supreme Court · 1849
  4. Warren v. StateTexas Supreme Court · 1858

3Cited by3 opinions

  1. Bobby J. Mitchell v. State, Texas Court of Appeals, 7th District (Amarillo)2008
  2. Bobby J. Mitchell v. State, Texas Court of Appeals, 7th District (Amarillo)2008
  3. Bobby J. Mitchell v. State, Texas Court of Appeals, 7th District (Amarillo)2008

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