20 Tex. 498
Decided July 1, 1857
Texas Supreme Court · decided 1857-07-01
The transcript did not state who presided in the Court below. The bond was for the appearance of Henry Trammell to answer an indictment for “ betting at a game called Faro.” Scire facias for Trammell returned not found. The scire facias for Bailes, the surety, recited the forfeiture of a bond for the appearance of Trammell to answer an indictment for “playing cards for money;” returned served.
Decided 1857-07-01
¶1There manifestly is a fatal variance between the recognizance and scire facias as respects the offence. And we do not think the recital in the entry of judgment sufficient to warrant the Court in holding the objection to have been waived, when it nowhere appears that the defendant was in Court, or that he was represented by any attorney, who undertook to appear and make defence for him.
¶2The judgment is reversed and the cause remanded.
¶3Reversed and remanded.