30 Tex. 352 | Tex. | 1867
By article 263 of the Code of Criminal Procedure four requisites are provided for recognizances in order to render them valid and binding upon principal and sureties. The second of these is, the name of the offense with which the defendant is charged should be stated. The third is, that it should appear from the recognizance that the defendant is accused of an offense against the laws of the state. [Paschal’s Dig., Art. 2781, Dote 708.] The recognizance in this case recites, that the defendant is charged with “ unlawfully using an estray horse, without complying with the law regulating estrays.” There is no such offense as this known to our Penal Code. We have a statute which creates, defines, and punishes the offense of taking up and using, or otherwise disposing of, an animal
We are of opinion that the recognizance is fatally defective in not complying with the foregoing requirements of the Code of Criminal Procedure. There is no assignment of errors in this case, and a motion is made to affirm the judgment without reference to the merits; but, as the defects in the recognizance go to the foundation of the action, we will take notice of them without any such assignment.
The judgment must be reversed, and the cause
Dismissed.