Manes v. State
Texas Supreme Court
Appeal from Caldwell. Tried below before the Hon. Thomas H. DuVal. Indictment for maliciously killing a jack, the property of one C. E. Metcalf. Motion to quash on the ground that it was not averred that the killing was done with intent to injure the owner, and that no value was placed on said jack. Motion overruled. Conviction; appeal, and recognizance in the form described in the Opinion.
1Opinion of the Court
Hemphill, Ch. J.
This is an indictment for killing a jack; and a motion to quash was overruled. We had examined the alleged error of this ruling, and were satisfied that the ground was not well taken, and that there was no error ; but on a more close inspection of the record, it appeared that the recognizance was defective in this, that it bound the appellant to make his personal appearance at the present Term of the Supreme Court now held at Austin, and there remain from day to day and from Term to Term until discharged by law, &c. &c., whereas he should have been bound to appear at the next…
2Cited by2 opinions
- People v. O'BrienIllinois Supreme Court · 1866
- Howard v. StateCourt of Appeals of Texas · 1892