Murphy v. State

Citations

• 17 Tex. Ct. App. 100
• 1884 Tex. Crim. App. LEXIS 177

Syllabus

<p>Scibe Facias — Bail Bond.—The bail bond in this case is conditioned that the principal shall appear to answer an information filed by a justice of the peace, charging him with an aggravated assault and battery, and concludes by obligating him to appear and answer “ said accusation preferred against him in an indictment.” Held, that the bond is fatally defective, because, if the first recitals be treated as surplusage, then the bond names no offense, and because, if the first recitals be treated as binding, then it appears that he is bound to answer an information filed by a justice of the peace; to do which, such officer has no authority. The bond should show that the principal obligor was legally charged with an offense.</p>