State v. Butler
Texas Supreme Court
Appeal from Smith. The transcript does not show what judge sat in the court below. Jesse Butler was indicted for arson in Smith county, at the Spring term, 1861. At the same term he entered into recognizance in the sum of five thousand dollars. The case was continued until December, 1868, when he executed a bond in the sum of five hundred dollars.
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Appeal from Smith. The transcript does not show what judge sat in the court below. Jesse Butler was indicted for arson in Smith county, at the Spring term, 1861. At the same term he entered into recognizance in the sum of five thousand dollars. The case was continued until December, 1868, when he executed a bond in the sum of five hundred dollars. At the April term, 1872, the presiding judge being disqualified, it was ordered that the cause “ be transferred to Henderson, Rusk county, for trial, because the presiding judge had been of counsel for defendant.” The original papers were forwarded…
1Opinion of the CourtWalker, J.
The appeal in this case must be dismissed. The order of the court appealed from is no final *561judgment; it is simply an interlocutory order, which does not in any wise determine the case.
The case being properly on the docket of the District Court of Smith county, the defendant and his securities should have been called, and a judgment nisi entered on their failure to appear.
The order to change the venue to Eusk county had no operation in law until the defendant was recognized to appear before the District Court of .that county. The order of the district judge of Eusk county dismissing the case…
2Cited by4 opinions
- Crooker v. KnudsenCourt of Appeals for the Ninth Circuit · 1916
- Harris v. StateCourt of Criminal Appeals of Texas · 1913
- Ex Parte HaleyCourt of Criminal Appeals of Texas · 1921
- Harris v. StateCourt of Criminal Appeals of Texas · 1913