Smith v. People

Opinion by

Mr. Justice Teller.

Plaintiffs in error were sureties on a criminal recognizance given for the appearance of one Minnie De Lage, who was charged with a felony.

' On the return day of the recognizance the defendant did not appear, and the bond was, therefore, forfeited, and a *453scire facias issued requiring the sureties to show cause why judgment for the. penalty named should not be rendered against them.

To this they answered alleging that the accused was insane on the return day, and was still insane; that she was in the custody of the sheriff of- a county in Texas, under a criminal…