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38 Tex. 171

Maxwell v. State

Texas Supreme Court

Decided July 1, 1873

Texas Supreme Court · decided 1873-07-01

Tried below before the Hon. ft. H. Taylor. At the November term, 1872, of the District Court of Lamar county, the defendant was convicted of an aggravated assault, and appealing to the Supreme Court, entered into recognizance as follows: “I, Thomas Maxwell, acknowledge myself bound to-pay the State of Texas the sum of.two hundred and fifty dollars, to be levied of my goods and chattels, lands and tenements; and I, Thomas Maxwell, as principal, and Sam.

Decided 1873-07-01

Ogden, J.

¶1The appeal in this case must be dismissed! for the want of a sufficient recognizance.

¶2By the terms of the recognizance the defendant is not *173bound to appear before any particular court, or at any particular place, to abide the judgment and decision of the Supreme Court. A recognizance so defective is wholly insufficient to give this court jurisdiction of the «case. It is a matter of no little astonishment that the •clerk and officers of the courts, who have, or should have, the statute before them, where a form for such a record is prescribed, should so fatally vary from the requirement of the statute. The appeal is dismissed.

¶3Reversed and dismissed.

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