McMeans v. State

Court of Criminal Appeals of Texas
McMeans v. State, 38 S.W. 998 (Tex. Crim. App. 1897)
37 Tex. Crim. 130; 1897 Tex. Crim. App. LEXIS 42
Davidson

McMeans v. State

Opinion of the Court

DAVIDSON, Judge.

Appellants were jointly indicted for a violation of the local option law. convicted, and appeal. The Assistant At *131 tomey-General, upon two grounds, moves a dismissal of the appeal: First, that the recognizance is insufficient in not reciting the offense charged against appellants, and in not reciting any offense; and, second, because the recognizance on appeal is a joint undertaking by the appellants, and not separate, as it should be. The recognizance recites that the appellants stand charged with the offense of “unlawfully selling intoxicating liquors in a prohibition district.” This allegation does not recite the offense charged in the information. In fact, it recites no offense at all. We further find that the recognizance is a joint obligation. This renders it fatally defective. Where two or more parties are jointly indicted in misdemeanor cases, and each appeals from a conviction, each appellant must enter into a separate recognizance. A joint recognizance, as in this case, will not suffice. The motion is well taken, and the appeal is dismissed.

Dismissed.

Reference

Full Case Name
C. A. McMeans Et Al. v. the State
Cited By
6 cases
Status
Published