Bailes v. State
Cases that cite this one
3 later published cases cite this decision.
- Werbiski v. State (Tex. App. 1886)
- Arrington v. State (Tex. App. 1883)
- Goodin v. State (Tex. App. 1883)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
There manifestly is a fatal variance between the recognizance and scire facias as respects the offence. And we do not think the recital in the entry of judgment sufficient to warrant the Court in holding the objection to have been waived, when it nowhere appears that the defendant was in Court, or that he was represented by any attorney, who undertook to appear and make defence for him.
The judgment is reversed and the cause remanded.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.