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36 Tex. 332

Barnes v. State

Texas Supreme Court

Decided July 1, 1872

Texas Supreme Court · decided 1872-07-01

<p>' Appeal from Matagorda. Tried below before the Hon. William H. Burkhart.</p> <p>There is no occasion for a statement of the facts.</p>

Decided 1872-07-01

Ogden, J.

¶1This is an appeal from a final judgment on a forfeited recognizance.

¶2The recognizance is fatally defective in not requiring the defendant to appear at any particular place to answer an indictment, neither does the recognizance show when or in what particular court the indictment which the defendant is bound to *333answer is pending. The court therefore erred in refusing to set aside the judgment nisi, qnd dismissing the case; and therefore the judgment is reversed and the cause dismissed.

¶3Eeversed and dismissed.

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