McLaren v. State

Citations

• 3 Tex. Ct. App. 680

Syllabus

<p>1. Bail-bond is fatally defective unless “the offense of which the defendant is accused be distinctly named in the bond, and it appear therefrom that he is accused of some offense against the laws of the state.” Pase. Dig.; art. 2732. Note in the opinion the collocation of decisions upon this provision of the Code.</p> <p>2. “Malicious Mtschttun” designates no offense against the laws of this state. Hence a recital in a bail-bond that the defendant is accused of “malicious mischief” is nugatory.</p> <p>8. Notwithstanding judgment final has been rendered on a forfeited bail-bond, without objection that the bond neither named nor described any offense, yet, as the objection goes to the foundation of the action, it is available on appeal or writ of error.</p>