Peters v. State

Citations

• 10 Tex. Ct. App. 302

Syllabus

<p>1. Bail.—By the former Code of Criminal Procedure (Pascli. Dig. art. 8748), a sheriff was prohibited from, taking bail in a felony case “ during the term of the court,” and was required to take the accused before the court, to enter into recognizance. Held, that this article applied only to cases pending in the District Court, and not to cases of which it had not by indictment or otherwise acquired jurisdiction or cognizance. The Revised Code of Procedure, in article 804, contains a more explicit provision to the same effect.</p> <p>8. Same.— Being committed by a justice of the peace on a charge of bailable felony, the bail of the accused was fixed by the justice at f1,000, but subsequently the State’s counsel and the accused agreed that the sheriff should release the accused on a bond for $500; which being executed by the present appellants, the accused was released. In defense to scire facias on the forfeiture of the bond the appellants contend that it was void because taken by the sheriff in a sum different from that fixed by the justice. But held that appellants are estopped. Note the distinction between this case and those of Barringer v. State, 37 Texas, 553, and Neblett v. State, 6 Texas Ct. App. 316. Such agreements, however, are highly reprehensible on the part of officials representing the State, and especially so on the part of the officer having the custody of the accused.</p>