State v. Fatheree
Texas Supreme Court
Appeal from Liberty. Tried below before the Hon. J. M. Maxcey. This was an indictment against Benjamin B. Fatheree, the appellee, charging him with having feloniously, wilfully, maliciously, and seriously, threatened to kill and take the life of one Cornelius Nolan. The indictment was quashed, and the defendant ordered to be discharged; whereupon, the state entered a notice of appeal, but there was no recognisance given or entered into by the accused.
1Opinion of the CourtBell, J.
This appeal will be dismissed, because it does not appear that the appellee entered into recognisance, as is required by Art. 723, of the Code of Criminal Procedure. That article provides, “ that the defendant shall also be required, where the state appeals, to enter into recognisance to appear before the District Court to answer the criminal accusation against him, in case the judgment of the District Court be reversed,” &e. This provision does not apply to cases of misdemeanor only, which are spoken of in the preceding article, but must be held to apply to all cases of appeal by the state,…
2Cited by7 opinions
- Moore v. AndersonTexas Supreme Court · 1867
- Glasscock v. ShellTexas Supreme Court · 1882
- State v. StoutTexas Supreme Court · 1866
- Fielder v. StateCourt of Criminal Appeals of Texas · 1915
- Glasscock v. ShellTexas Supreme Court · 1882
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