Wright v. State

Citations

• 22 Tex. Ct. App. 670
• 3 S.W. 346
• 1887 Tex. Crim. App. LEXIS 12

Syllabus

<p>Scire Facias—A Recognizance, as defined by Article 283 of the Code of Criminal Procedure, is an undertaking entered into before a court of record in session, by the defendant to a criminal action and his sureties, by which they bind themselves respectively in a sum fixed by the court that the defendant will appear for trial before such court upon the accusation preferred against him. Under this definition a recognizance which recites the principal’s obligation to the State in a fixed sum, but does not bind him to appear before the court at a fixed time, and which binds only the surety for the appearance, is per se invalid, and is illegal in that it is more onerous than the law requires. See the opinion in extenso for such a recognizance.</p>