Public-domain · open source
OpenJurist

143 S.W. 184

Ballard v. State

Court of Criminal Appeals of Texas

Decided January 24, 1912

Court of Criminal Appeals of Texas · decided 1912-01-24

<p>Bail (§ 66*) — Recognizance—Statement of Offense — Sufficiency.</p> <p>A recognizance on appeal in a misdemean- or case, which states that appellant was “charged with the offense of horse racing on public road,” and was convicted of such offense, does not charge any offense, and the appeal must be dismissed, on motion of the state.</p> <p>[Ed. Note. — For other cases, see Bail, Cent. Dig. §§ 279-283; Dec. Dig. § 66.*]</p>

Cited by 4 later decisions — most recently May 1995

4 state decisions

Relies on Horton v. State · 37 Tex. Crim. 424 - Schoonmaker v. State

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1912-01-24

View the full empirical analysis of this case →

HARPER, J.

¶1Appellant was prosecuted, charged with a misdemeanor, in the county court of Shelby county, and upon conviction was fined in the sum of $25, from which judgment he prosecutes this appeal.

¶2The recognizance in this case states that appellant was “charged with the offense of horse racing on public road, and who has been convicted of such offense.” The Assistant Attorney General has moved to dismiss the appeal because of the insufficiency of the recognizance, in that it does not state that he was charged with or convicted of any offense known to our laws. Such allegations would be insufficient in an indictment or information to charge any offense, and are therefore insufficient in a recognizance, and the motion of the Assistant Attorney General is sustained. Horton v. State, 30 Tex. 191; O’Bannon v State, 9 Tex. App. 465; Schoonmaker v. State, 37 Tex. Cr. R. 424, 35 S. W. 969.

¶3The appeal is dismissed.'

/143/sw/184 · .json · Public domain