State v. Boren

Decided July 1, 1858

Texas Supreme Court · decided 1858-07-01

Tried below before Hon. C. A. Frazer. The appellee was indicted for betting at a certain gaming table, called rondo, and at the June Term, 1855, was convicted and fined ten dollars and costs ; he prayed for an appeal, and gave a recognizance to prosecute his appeal, &c. At the Spring Term, 1857, the appellee and his sureties, on recognizance, were called and failed to answer.

Cited by 1 later decisions — most recently September 1932

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-07-01

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Wheeler, J.

¶1The defendant having failed to prosecute his appeal, had lost his right to do so, and the case stood as thoughno appeal had been taken. (Walen v. McLean, 14 Tex. R. 18.) It only remained for the Court to proceed to enforce it§ judgment. And as the presence and legal custody of the defendant was necessary for that purpose, it was the right of the State to have a capias issued for his apprehension, and it was error in the Court to refuse it, for which the judgment must be reversed and the cause remanded.

¶2Reversed and remanded.