Morris v. State

Citations

• 4 Tex. Ct. App. 554

Syllabus

<p>1. Recognizance. —If the offense be one to which the Code gives a specific appellation—as, “murder,” “rape,” and the like—the recognizance may simply designate it thereby, or may set out its elements. If the offense have no such specific appellation, but consists in the mode and manner of doing the particular act, as “knowingly,” etc, then the recognizance must set out all its statutory ingredients. This latter class comprises such offenses as gaming, malicious mischief, and many others.</p> <p>2. Case Stated.—Indictment was for “knowingly ” passing a forged writ of error bond on the clerk of a court. The recognizance recited that the accused was “ charged with the offense of passing a forged writ of error bond,” etc. Held, that the recognizance is invalid, because it does not appear therefrom that the principal cognizor is accused of any offense against the laws of the state.</p>