# Fitzgerald v. State

> Court of Criminal Appeals of Texas · December 8, 1920 · 225 S.W. 1096

URL: https://www.frixlaw.com/law-library/cases/4997760

## Case

- **Full name:** FITZGERALD v. STATE
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** December 8, 1920
- **Citations:** 225 S.W. 1096
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Morrow
- **Judges:** Morrow
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4997760

## Opinion text

MORROW, J.
This is an appeal of T. M. Mirick and W. J. Mays from a judgment of |750 on a forfeited bail bond. The judgment nisi is upon a bond of Louis Fitzgerald, principal, and Roy Mays, T. M. Mirick, and W. J. Mays, sureties. The bond proved on this trial was one in which Louis Fitzgerald was principal, and T. M. Mirick and W. J. Mays sureties. A variance was urged in the court below, and is insisted upon on this appeal. The names ,of the parties to the appearance bond is an essential part of the judgment nisi, and upon an effort to make the judgment final a variance such as that described was a matter so material as to render the bond inadmissible. White’s Texas Penal Code, p. 315, § 427; Lowe v. State, 15 Tex. 141 ; Cassaday v. State, 4 Tex. App. 96; Hutchings v. State, 24 Tex. App. 242, 6 S. W. 34 ; Brown v. State, 28 Tex. App. 65, 11 S. W. 1022 .
The judgment is reversed, and the cause remanded.
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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4997760. Public record. Not legal advice.