Thompson v. State

Citations

• 31 Tex. 166

Syllabus

<p>The court will presume that a judgment nisi was taken in accordance with the statutory requirements, unless it otherwise appear. Some legal cause, such as death, sickness, or failure of the grand jury to indict, must be shown why the defendant did not make his personal appearance as required by his bond. (Paschal’s Dig., Art. 2884.)</p> <p>The recitation that the defendant is charged with murder is a good bond or recognizance, although the degree of murder be not stated. (Paschal’s Dig., Art. 2732, Notes 708, 709.)</p> <p>Where one of the defendants was dead when the recognizance was forfeited and the judgment nisi entered, it was not error to dismiss as to such deceased party.</p> <p>To the ab initio plea it was replied, that the municipal laws of the state, not in conflict with the constitution and laws of the United States, remained in force during the rebellion, and the present provisional government succeeded it in the administration of criminal justice. (Paschal’s Dig., Note 1162, pp. 904, 905.)</p>