W. J. v. State
Court of Civil Appeals of Texas
W. J. v. State, 22 Tex. Ct. App. 692 (1887)
3 S.W. 479; 1887 Tex. Crim. App. LEXIS 22
Willson
W. J. v. State
Opinion of the Court
This appeal is from a judgment final upon a forfeited bail bond. The bail bond was executed under a pretended indictment- which had been presented by a body of fourteen persons assuming to act as a grand jury. Such, pretended indictment was a nullity, and all process and proceedings thereunder were void. (Lott v. The State, 18 Texas Ct. App., 627; McNeese v. The State, 19 Texas Ct. App, 48; Swain and Turner v. The State, Id., 323; Williams v. The State, Id., 265.)
The judgment is reversed and the proceeding upon the bail bond is dismissed.
Reversed and dismissed.
Reference
- Full Case Name
- W. J. alias W. T. Harrell alias Sam Pryor v. State
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Scire Facias—Ixdictmekt.—All process and proceedings, including a bail bond, based upon a void indictment, are themselves void. The indictment in this ease, having been presented by a so called grand jury, composed of more than twelve persons, was a nullity. The bail bond executed thereunder was, therefore, void, and can not support a judgment based thereon.