276 S.W. 274 | Tex. Crim. App. | 1925
Lead Opinion
This is an appeal from a final judgment upon a forfeiture of bail, from the County Court at Law of Tarrant County.
The State's Attorney with this court has filed a motion in this case to dismiss same on account of the failure upon the part of appellants to file briefs in the trial court and in this court, as required by law in civil cases. *506
In forfeited bail cases, with reference to preparing and appealing such cases, the law pertaining to civil matters prevails. The record in this case fails to show any filing of briefs in the lower court or in this court, and we are of the opinion that the motion is well taken. This court in the cases of Rudy v. State,
The State's motion is therefore granted and this appeal dismissed.
Dismissed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
Addendum
This case was dismissed at last term of this court on account of the record failing to show appellants filed briefs in the trial court and in this court as required by law and upon proper showing made of such filing, the judgment of dismissal is set aside and the case will now be considered upon its merits. As shown in the opinion of dismissal.
This is an appeal from a final judgment upon a forfeiture of a recognizance. The record discloses that in answer to scire facias, the sureties, appellants, filed their answer embracing a general denial, and upon the trial for final judgment the State offered in evidence the scire facias and judgment nisi and rested the case without further evidence whereupon the court entered final judgment for the sum of $500 against the principal and sureties in the recognizance and from which said appellants appealed and insist without the introduction of said recognizance the evidence is wholly insufficient to support the final judgment. We are of the opinion that the contention of appellants is correct and the law requires the introduction of said recognizance in such cases. In Hester v. State, 15 Tex. App. 567[
The appellant cites us to the case of General Bonding and Casualty Insurance Company v. State,
Reversed.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.