State v. Cocke

Citations

• 37 Tex. 155

Syllabus

<p>Sureties on a hail bond for the appearance of the defendant at the next term of the District Court, to answer to an indictment, should one be found, cannot be heard, in answer to a scire facias, to say that their principal did not appear because no indictment was found against him for the offense he was bound over to answer to. The nature of the undertaking is, that the defendant shall appear, and the failure to indict does not excuse the principal or his sureties from the appearance of the principal to answer to the indictment, if one be found; nor can the sureties be heard upon any question touching the indictment.</p>