State Franklin

Citations

• 35 Tex. 497

Syllabus

<p>1. A clerical error or omission, which was amendable in the court below, but to which no objection was taken in that court, is not available in this court.</p> <p>2. A bail bond recited that the principal obligor had been indicted for “an aggravated assault, it being charged by the grand jury aforesaid that the said J. F., on the twelfth day of March, 1871, with force and arms, at and in the county of C., and State aforesaid, did commit the crime of aggravated assault: for that he, on the twelfth day of March, 1871, did unlawfully make an aggravated assault upon one S., with certain pistols, being then and there deadly weapons ; and did then and there attempt to strike, beat and wound him the said S., with the pistols aforesaid.” Held, that this description of the offense charged sufficiently conforms to the requirements of Articles 2187 and 2150, Paschal’s Digest.</p> <p>3. Sureties on a forfeited hail bond cannot avail themselves of defects in • ■ the .indictment against their principal, as a defense against a scire facias, or by motion to quash the bond.</p> <p>4. In a motion to quash a hail bond given on a charge of aggravated assault with deadly weapons, one cause assigned was that “ neither the bond nor the indictment charges that the deadly weapons were used under such circumstances as not amounting to an intent to murder or maim. ” Held, that this objection is remarkable as a complaint that the party is not charged with a more serious offense than that for which he was indicted ; hut this furnishes no defense against the bond.</p>