Robinson v. State

Decided October 15, 1860

Texas Supreme Court · decided 1860-10-15

Ebbob from Guadaloupe. The case was tried before Hon. A. W. Tebbebb, one of the district judges. Three final judgments had been rendered in the District Court of Guadaloupe county upon the bail-bond of Robinson and sureties. Robinson and sureties prosecuted error. On the 29th October, 1860, the Attorney General moved to dismiss the eases for want of writ-of-error bond in' each case, as required by arts. 788a and 738h of the Code of Criminal Procedure.

Decided 1860-10-15

Bell, J.

¶1—The motion by the Attorney General, to dismiss the writ of error in this case, must be sustained.

¶2Art. 738a, of the Code of Criminal Procedure, provides, that appeals may be taken, either by the State or defendant, from every final judgment rendered upon a recognizance, bail-bond, &c.

¶3Art. 7386, of the same Code, provides, that judgment final in the cases mentioned in art. 738a may be also taken to the Supreme Court by writ of error, as in civil suits, except that the defendant shall in all cases be required to give bond to comply with the judgment or order of the Supreme Court.

¶4There being no bond in this case, the writ of error is

¶5Dismissed.

¶6[This opinion applies also to cases 2328 and 2329 between the same parties.—J. H. B.]