Thompson v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Parker. Tried below before Hon. •J. L. L. McCall, County Judge. This is an attempted appeal from a conviction for violation of local option, in which the punishment was assessed at a fine of $25, and twenty days’ imprisonment in the county jail. The Assistant Attorney-General moved to dismiss the appeal because the recognizance was fatally defective in not specifying the court before which the appellant obligated himself to appear.
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Appeal from the County Court of Parker. Tried below before Hon. •J. L. L. McCall, County Judge. This is an attempted appeal from a conviction for violation of local option, in which the punishment was assessed at a fine of $25, and twenty days’ imprisonment in the county jail. The Assistant Attorney-General moved to dismiss the appeal because the recognizance was fatally defective in not specifying the court before which the appellant obligated himself to appear. This motion was sustained and the appeal dismissed. Thereafter appellant made a motion to set aside the dismissal and reinstate the…
1Opinion of the Court
HENDERSON, Judge.
The appellant’s recognizance, omitting the prior portions, recites: “And who has been convicted of said offense in this court, shall appear from day to day, and from term to term of the same, and not depart without leave of this court.” It will be observed that this obligation does not specify the court before which the appellant “shall appear from day to day.” .The statute requires that this shall be done. Looking upon the terms of this instrument, the principal may as well be required to appear before this court as before the court of conviction, and it is patent that no…
2Cited by6 opinions
- Bennett v. StateCourt of Criminal Appeals of Texas · 1916
- Kees v. StateCourt of Criminal Appeals of Texas · 1903
- Bennett v. StateCourt of Criminal Appeals of Texas · 1916
- Haley v. StateCourt of Criminal Appeals of Texas · 1920
- Whitcomb v. StateCourt of Criminal Appeals of Texas · 1916
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