Opinion

Swaim v. State

  • 498 S.W.2d 188
Court
Court of Criminal Appeals of Texas
Filed
Jul 11, 1973
Status
Published
Author
Odom
On the bench
Dally, Odom, Douglas, Onion, Morrison
Cited by
9 cases
Authority
More cited than 7.3%

uncontested judgment nisi recital that the defendant’s name was called at the “courthouse door” served as conclusive proof

How later courts described this case

  • uncontested judgment nisi recital that the defendant’s name was called at the “courthouse door” served as conclusive proof
  • denial of execution, failure of principal to appear, whether name called at courthouse door, and reason for non-appearance all fact issues
  • opinion on State’s second motion for rehearing
  • opinion on second motion for rehearing

Written by the judges who cited it.

The opinion

STATE’S MOTION FOR REHEARING

ODOM, Judge

(dissenting).

The State’s motion for rehearing has been overruled without written opinion.

On original submission these judgments were reversed because the bonds did not designate a proper court where the principal was to appear.

We now have been furnished a supplemental transcript which includes docket sheet entries in the three causes involved. The docket sheet entries affirmatively show that on November 19, 1971, Wanda Harman, the principal, appeared in the 104th District Court of Taylor County, and was duly arraigned, with attorney present, “and on plea of not guilty case set for trial on 3/13/72.” The next entry on the docket sheet shows that the bonds were forfeited on June 5, 1972.

In Landrum v. State, 171 Tex.Cr.R. 106 , 345 S.W.2d 752 , this court stated:

“ . . . all that is required is that the principal know where and in what court he was to appear. This he clearly did.”

It is now clear that the principal in the case at bar knew when and in what court she was to appear.

I would grant the State’s motion for rehearing, set aside the reversal, and affirm the judgment.

I respectfully dissent.

MORRISON, J., joins in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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