O'Neal v. State

Citations

• 35 Tex. 130

Syllabus

<p>1. Judgment final having been obtained by default against bail, it is assigned for error that there is a variance between the offense named in the bail bond and that charged in the indictment; the offense charged in the latter being the unlawful use of an estray, while that recited in the bond was the theft of a steer. Held, on the authority of The State v. Cox, 25 Texas, 407, that the variance is not available on writ of error to a final judgment by default.</p> <p>2. A bail bond required the defendant to “ appear at the next term of the District Court of H. county.” Held, that this sufficiently states the time and place, and the court before which the defendant was required to appear. (Paschal’s Digest, Article 2732.)</p>