Langan v. State

Citations

• 27 Tex. Ct. App. 498
• 11 S.W. 521
• 1889 Tex. Crim. App. LEXIS 76

Syllabus

<p>1. Recognizance taken after indictment must describe the very offense of which the principal is charged.</p> <p>2. Same—Practice—Indictment.—Another equally well settled rule is that neither the principal nor the sureties in a bail bond or recognizance can question the sufficiency of the indictment in a scire facias proceeding to forfeit the same.</p> <p>3. Same—Case Stated .—The recognizance in this ease binds the principal to appear on an indictment for assault with intent to rape. The said indictment is insufficient to charge that offense, but is sufficient to charge an aggravated assault and battery. The defendants’ motion to quash the recognizance is based upon the ground that it does not obligate the principal to appear and answer the offense charged in the indictment. But held, that, as the intent of the indictment to charge assault to rape is manifest, the last rule announced obtains, and the trial court properly overruled the motion.</p>