Lindley v. State

Citations

• 17 Tex. Ct. App. 120
• 1884 Tex. Crim. App. LEXIS 180

Syllabus

<p>1. Scire Facias — Practice.—Scire facias is insufficient as a citation if, 1, it fails to recite the presentment of an indictment (or complaint or information) ; 3, if it fails to recite the issuance of a copias; 3, if it fails to recite the arrest of the defendant; 4, if it fails to recite the execution of the bond or recognizance; 5, if it fails to recite the conditions of the bond or recognizance ; G, if it fails to recite the breach of such conditions; and 7, if it fails to recite the entry of judgment nisi. The scire facias in this case failing in all of these particulars, the defendant’s demurrer to the same should have been sustained.</p> <p>2. Same.—Judgment Nisi must show that the forfeiture was taken as required by law, and must state that the same “ will be made final unless good cause be shown at the next term of the court why the defendant did not appear.” Failing in this, the judgment nisi in this case was bad on general demurrer.</p> <p>3. Bail Bond.—Liability of Sureties on a bail bond expires with a second arrest and bail of their principal on the same indictment.</p>