Montgomery v. State
Texas Supreme Court
Error from Colorado. Tried below before the Hon. I. B. McFarland. The material facts appear in the opinion of the court, but it is proper to add that the plaintiff in error was only the surety upon the recognizance of one Green, the party charged with the “larceny of a filly.”
1Opinion of the CourtLindsay, J.
By the Criminal Code, there are four requisites
prescribed - to constitute a valid recognizance: 1. That it be acknowledged that the defendant is indebted to the State in the sum fixed by the court, and his sureties are also indebted in like manner. 2. That the name of the offense with which the defendant is charged he stated. 8. That it be apparent from the recognizance that the defendant is accused of an offense against the laws of the State. 4. The time and place, when and where,, and the court before which the defendant is bound to appear.
From the very terms' of the second and- third…
2Cited by3 opinions
- Trial v. StateCourt of Criminal Appeals of Texas · 1917
- Arrington v. StateCourt of Appeals of Texas · 1883
- Vivian v. StateCourt of Appeals of Texas · 1884