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4 Tex. Ct. App. 33

State v. Morgan

Court of Appeals of Texas

Decided July 1, 1878

Court of Appeals of Texas · decided 1878-07-01

Tried below before the Hon. J. Q. Chenowith. The judgment was rendered and the appeal taken on March 18, 1876—just a month before the Constitution of 1876 took effect.

Decided 1878-07-01

White, J.

¶1This is an appeal on behalf of the State, from a judgment of the District Court setting aside a judgment nisi, and quashing the appearance bond, upon forfeiture of which the same was rendered.

¶2The Supreme Court and this court having held that scire-facias cases are criminal cases, it follows that the appeal in *34this case must be dismissed—the Constitution providing expressly that ‘ ‘ the State shall have no right of appeal in criminal cases.” Const., art. 5, sec. 26.

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