State v. Rhodius

Citations

• 37 Tex. 165

Syllabus

<p>1. The sureties upon a recognizance conditioned for the appearance of their principal at the next term of court, to answer to a criminal charge, cannot come into court and question the sufficiency of the indictment without prodiicing the body of their principal.</p> <p>2. A plea that the defendant is sued by the wrong name is in the nature of a plea in abatement, and should be sworn to. The plea should also set out the true name of the defendant, so that an alias writ can be run against him. The error is clerical and amendable.</p> <p>3. It was error for the court below to quash a recognizance, because in the body of it the defendant was described by a wrong Christian name, there being no denial that he was the person who bound himself in the recognizance. In such cases the court, on being satisfied that the right man is before it, should hold him to his obligation without regard to his appellation.</p> <p>4 Johnson v. The State, 33 Texas, 670, cited with with approval.</p>