McDonough v. State

Decided July 1, 1857

Texas Supreme Court · decided 1857-07-01

Error from Panola. Tried below before the Hon. Charles A. Frazer. On the 14th of December, 1855, the plaintiff in error entered into recognizance in the District Court, conditioned that Benjamin McDonough should appear at the next Term, to answer to an indictment “ now pending in said Court, against him, for betting money upon a certain game with cards.” At the next Term, McDonough failing to appear, judgment nisi was entered on the recognizance, and scire facias issued.

Cited by 1 later decisions — most recently April 1896

1 district ·

Good law ✅— No negative treatment on recordhow we know

Decided 1857-07-01

View the full empirical analysis of this case →

Wheeler, J.

¶1It is unnecessary to revise the action of the Court, refusing to entertain the motion in arrest of judgment. The writ of error has been prosecuted by other counsel, whose right is not questioned ; and as the objection taken in arrest of judgment goes to the foundation of the action, it is" equally available on error, as in arrest of judgment. On the merits, the case comes clearly within the principle of the cases of Daily v. The State, (4 Tex. 417,) The State v. Cotton, (6 Id. 425,) and Cotton v. The State, (7 Id. 547.) On the authority of those cases the judgment must be reversed and the case dismissed.

¶2Reversed and dismissed.