Costley v. State

Citations

• 14 Tex. Ct. App. 156

Syllabus

<p>1. Bail Bond executed for the appearance of a party before the proper court to answer an accusation of an offense against the law is a pecuniary obligation to the State, binding upon him and his sureties, and is one which, by the very terms of the law permitting it can be enforced in case of a breach of its conditions.</p> <p>2. Same—Fobg-eky.—Being an instrument in writing which creates a pecuniary obligation, a bail bond is, like any other written instrument creating such an obligation, a subject of forgery.</p> <p>■3. Same—Indictment.—An instrument falsely made with an intent to defraud is a forgery, although, if it had been genuine, other steps must have been taken before the instrument would have been perfected and were not taken; hence it is not necessary that a bail bond should have been forfeited or attempted to be forfeited before it is the subject of an assignment and prosecution for forgery. See the opinion upon the whole question, and for the substance of an indictment held sufficient to charge the forgery of a bail bond.</p> <p>4. Same—Pact Case.—See evidence held sufficient to sustain a conviction for the forgery of a bail bond.</p>