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35 Tex. 92

Patton v. State

Texas Supreme Court

Decided July 1, 1872

Texas Supreme Court · decided 1872-07-01

Error from Henderson. Tried below before the Hon. .John G-. Scott. The condition of the bail bond described the two •offenses in the phraseology of the charging part of in•dictments for theft from a house.

Decided 1872-07-01

Evans, P. J.

¶1The appellant went bail in the sum of one thousand dollars for the appearance of one Watson. “ at the next term of the District Court of Henderson, county.”

¶2Watson failed to appear, and judgment nisi was-taken.

¶3On the scire facias, Patton appeared, and by “plea, and answer” took special exceptions to the sufficiency of the bond.

¶4The exceptions are well taken, for it does not distinctly name the offense, but embraces a description of two offenses, and subjects the appellant to two forfeitures on the same bond. (See Paschal’s Digest, Article 2732; Lawton v. The State, 5 Texas, 270.)

¶5The judgment is reversed, and the case dismissed.

¶6Reversed and dismissed.

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