Vivian v. State

Citations

• 16 Tex. Ct. App. 262
• 1884 Tex. Crim. App. LEXIS 102

Syllabus

<p>1. Scire Facias.—Bail Bond executed before indictment is not vitiated, because it fails to name the precise offense of which the principal therein was subsequently indicted. It is sufficient if it name some offense against the laws of the State.</p> <p>2. Same—Theft is eo nomine an offense against the laws of this State, and it includes the theft of certain animals. The bond in this ease, executed before indictment, recited that the accused was charged with the theft of animals. It is urged that, in failing to specify the kind of animals stolen, the bond is not in compliance with the law. But it is held sufficient, under subdivision 3 of Article 288 of the Code of Criminal Procedure. See the opinion in extenso on the subject.</p> <p>3. Same.—Bail Bond in stating the place where the accused is bound to appear is sufficient if it specify the name of the court or magistrate, and of the county. The bond in this case conditions that the accused “shall be and appear before the honorable District Court on the first day of the next term thereof, to be begun and holden at the court house in Carrizo Springs, in said county, on,” etc. The bond nowhere recites the name of a county, but recites that the accused has been arrested by virtue of a warrant issued by “J. R. Sweeten, J. P. Pr. No. 1, D. C.” Held, that this court is not authorized to presume that the initials “D. C.” signify “Dimmit County,” nor that “ Carrizo Springs” are in Dimmit county. In this respect the bond fails to state the name of the county before the district court of which the accused was bound to appear, and for that reason the motion to set aside the judgment nisi should have prevailed.</p>