Legal Opinion

Vivian v. State

Court of Appeals of Texas

Decided May 21, 1884No. 3125Published

Error from the District Court of Dimmit. Tried below before the Hon. D. P. Marr. The writ of error m this case was prosecuted from judgment final on the forfeiture of the bail bond of J. B. Hopper, bailed under a warrant charging him with the offense of theft of ani' mals. One thousand dollars was the amount of the bond and' the judgment.

1Opinion of the Court

Willson, Judge.

1. The bail bond upon which the judgment appealed from is found describes the offense of which the. principal therein was accused as the “ theft of animals,” without specifying the kind of animals. It is insisted that this is. not a compliance with one of the essential requisites of a bail bond, which requires “that the offense of which the defendant1 is accused be distinctly named in the bond, and that it appear therefrom that he is accused of some offense against the laws of the State.” (Code Crim. Proc., Art. 288, subdiv. 3.)

In this case the bail bond was executed before…

2Cases cited7 opinions

  1. Turner v. StateTexas Supreme Court · 1874
  2. Terrell v. StateTexas Supreme Court · 1874
  3. State v. GordonTexas Supreme Court · 1874
  4. Lowrie v. StateTexas Supreme Court · 1875
  5. Hodges v. StateTexas Supreme Court · 1857

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