Court of Civil Appeals of Texas, 1878

State v. Morgan

State v. Morgan
Court of Civil Appeals of Texas · Decided July 1, 1878 · White
4 Tex. Ct. App. 33

State v. Morgan

Opinion of the Court

White, J.

This 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.

The 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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