Douglass v. State

Citations

• 26 Tex. Ct. App. 248
• 9 S.W. 733
• 1888 Tex. Crim. App. LEXIS 188

Syllabus

<p>1. Scire Facias.—Bail Bond is void if it obligates the principal to appear before the court of jurisdiction at a time when no legal term of the same can be held. But see the opinion on rehearing to the effect that, under the law in force when the bond in this case was executed (November 15, 1886), the time for the convening of the district court of Kerr county was the eighth Monday after the first Monday in March, and the bond, binding the principal to appear at the next term of the said district court on the eighth Monday after the first Monday in March, 1887, was, in this respect, valid.</p> <p>2. Same.—Subsequent to the execution of the bond, and prior to the eighth Monday after'the first Monday in March, 1887, the time for the conveningof the district court of Kerr county was, by act of the-Legislature, changed from the eighth to the ninth Monday after the first Monday in March, and it was at the first term of the said court after such change that the judgment nisi was rendered. Held, that the judgment nisi was correctly rendered at such term, and the obligors in the bond were charged with notice of such change.</p> <p>8. Same .—A bail bond executed after the presentment of an indictment must describe the very offense named in the indictment. In this case the indictment, in separate counts, charges forgery and the uttering of a forged instrument in writing; and the bond, following the indictment, sets out the essential element of both offenses. Held, correct, and not obnoxious to the objection that it is duplicitous.</p> <p>4 Same.—Judgment Nisi is void unless rendered against the principal in the bond and all of the sureties The judgment nisi in this case omits one of the sureties, and is therefore void; wherefore the final judgment is reversed.</p>