Bostick v. State

MORROW, Judge.

Appellant is indicted for gaming, his case pending in the County Court.

On April 16, 1917, his bail bond was forfeited and judgment nisi entered. In a bill of exceptions filed and proved by bystanders it appears that on April 18th he appeared in term time, demanded a trial and offered to waive a jury and plead guilty. The court declined to try the case on the ground that it had been continued. By affidavit of the county attorney, found among the papers, it is stated that the plea of guilty was not tendered in open court; that at the time it was tendered the court was not in…