Lockhart v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of McCulloch. Tried below before Hon. W. J. Wingate. This appeal is from a judgment final on a forfeited bail bond. J. H. Lockhart executed a bail bond, with II. J. Thornton and Jobe Davis as sureties, in the sum of $750, for his appearance at the District Court to answer an indictment charging him with the theft of 33 head of sheep.
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Appeal from the District Court of McCulloch. Tried below before Hon. W. J. Wingate. This appeal is from a judgment final on a forfeited bail bond. J. H. Lockhart executed a bail bond, with II. J. Thornton and Jobe Davis as sureties, in the sum of $750, for his appearance at the District Court to answer an indictment charging him with the theft of 33 head of sheep. At the term of court to which he had obligated himself to appear, the district judge, Hon. J. W. Timmons, being absent, M. Fulton, Esq., was elected special judge, to hold said term of court; and when the case of Lockhart, for theft…
1Opinion of the Court
DAVIDSON, Judge.
1. This appeal is prosecuted from a judgment final on a forfeited bail bond. Motion to quash the bond was made upon the ground that it did not name any offense against the penal laws of this State. The bond recited the offense to be “theft of 33 sheep.” This point is not well taken. The offense, as set forth in the bond, is an offense against the laws of this State, and is sufficiently designated in the bond. Vivian v. The State, 16 Texas Cr. App., 262; Brown v. The State, 28 Texas Cr. App., 65.
2. The special judge who presided over the court at the time the forfeiture…
2Cited by5 opinions
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- Johnson v. StateCourt of Criminal Appeals of Texas · 1900
- Roper v. ScurlockCourt of Appeals of Texas · 1902
- Norwood v. SnellTexas Supreme Court · 1902