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· 7/1/1870

Goldthwaite v. State

Citations

  • 32 Tex. 599

Syllabus

<p>1—A recognizance and a bail bond are convertible terms, in respect of the legal liability of the cognizors or obligors, and the methods of enforcing that liability.</p> <p>3—Though the Penal Code does not define any offense of “ assault with intent to kill,” yet a recognizance or bail bond which is conditioned for the appearance of a party charged with 11 an assault with intent to kill,” is valid as referable to a charge of simple assault, and is not voidable on the pretext that it names no offense known to our laws.</p> <p>3—If a bail bond shows that the accused stands charged with an offense, and that he binds himself to appear before the proper court at a proper place and time, it is not fatally defective because it does not stipulate in express terms that he shall “answer” the accusation. The legal intendment is that the appearance is to answer the designated offense of which he is accused. (See the statement of the facts for the terms of the bail bond in this case.)</p>

Judges: Lindsay

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