Legal Opinion

Wilson v. State

Texas Supreme Court

Decided July 1, 1860PublishedCited by 10 opinions

Error from Walker. Tried below before the Hon. Peter W. Gray. John P. Wilson was indicted for an assault with intent to kill and murder one Andrew J. Edwards. On the 2d day of May, 1857, he entered into recognizance in the District Court for his appearance to answer the indictment, with the plaintiff in error, and others, as his sureties, in which the offence was described as an assault with intent to kill.

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Error from Walker. Tried below before the Hon. Peter W. Gray. John P. Wilson was indicted for an assault with intent to kill and murder one Andrew J. Edwards. On the 2d day of May, 1857, he entered into recognizance in the District Court for his appearance to answer the indictment, with the plaintiff in error, and others, as his sureties, in which the offence was described as an assault with intent to kill. A forfeiture was taken on the.recognizance on the 30th day of October, 1857, and a judgment nisi rendered. A scire facias was issued on the 23d day of February, 1858, to the parties to the…

1Opinion of the CourtRoberts, J.

The exception of one of the sureties, Jesse W. Wilson, is that “the scire facias served on him in said cause is insufficient in law.” The objection seems to be directed rather to the copy of the sci7-e facias served on him than to the original, which is contained in the transcript. In this point of view the matter should have been pleaded in abatement, so that its defects, if any, could have been judged of by the court.

If intended as an exception to the original scire facias, it was correctly overruled. For that which is contained in the transcript appears to be formal in every respect, and…

2Cited by10 opinions

  1. Hodges v. StateCourt of Criminal Appeals of Texas · 1913
  2. State v. SniderWashington Supreme Court · 1903
  3. Smith v. DunlavyTexas Supreme Court · 1869
  4. State v. HotchkissTexas Supreme Court · 1867
  5. Lockwood v. StateCourt of Appeals of Texas · 1877

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