276 F. 803 | 5th Cir. | 1921
Plaintiffs in error, F. J. Rheiner as principal, and the others as sureties, executed a bail bond in favor of the United States, defendant in error. The principal failing to appear for trial, the bond was declared forfeited by judgment nisi. Thereafter writs of scire facias issued, and judgment final was entered up against all the plaintiffs in error. We have not been favored with a brief by the government.
The charge against the principal is described in the bond as that of—
“having, on or about the 7th day of December, A. D. 1918, within said district, in violation of section 5209 of the Revised Statutes of the United States, unlawfully, willfully, and fraudulently made false entries in the books of the Uvalde National Bank, of which said bank he, the said F. J. Rheiner, was then and there cashier, said bank being an association incorporated ana operating under and by virtue of the national banking laws of the United States of America; and it is further alleged that the accused did forge the names of certain depositors of said bank, and otherwise did misapply and embezzle the moneys, funds, and credits of the aforesaid bank.”
“That the offense of which defendant is accused be distinctly named in the bond, and that it appear therefrom that he is accused of some offense against the laws of the state.”
In 1899, however, it was enacted that a bail bond should be deemed sufficient as to description of the offense—
*805 “if Ü10 defendant is charged with an offense that is a felony, that it state, he is charged with a felony. If the defendant is charged with a misdemeanor, that it state that he is charged with a misdemeanor.” Texas Code of 'Criminal Procedure 1895, art. 309, as amended by Acts 1899, c. 74.
Texas decisions prior to and tinder the act of the Legislature of 1899 are collected in a note to the case of State v. O’Keefe, 32 Nev. 331, 108 Pac. 2, in 38 L. R. A. (N. S.) 312 et seq. In Anderson v. State (1918) 83 Tex. Cr. R. 130, 201 S. W. 994, it is said:
“In other words, the law now is that the bond in this particular will be sufficient, if it states merely that Ihe offense charged is a felony, without telling what the offense is. finder this statute, either this must be done, or the specific oifense must be stated.”
While the rule in Texas appears, therefore, to be more strict than that which generally prevails, yet an offense nped not be described in a hail bond with all the particularity necessary in an indictment. It is sufficient to describe a crime by its well-known name, as that it is seduction, Wisdom v. State (Tex. Cr. App.) 86 S. W. 756; or embezzlement. Nichols v. State, 47 Tex. Cr. R. 406, 83 S. W. 1113; or libel, Jones v. State, 38 Tex. Cr. R. 364, 43 S. W. 78, 70 Am. St. Rep. 751; or forgery, Bowman v. State (Tex. App.) 13 S. W. 1009.
The judgment is affirmed.