Lynn v. State

Court of Criminal Appeals of Texas

Lynn v. State

332 S.W.2d 337, 1960 Tex. Crim. App. LEXIS 3131

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 24, 1960

DocketNo. 31522

StatusPublished

This text of 332 S.W.2d 337 (Lynn v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lynn v. State, 332 S.W.2d 337, 1960 Tex. Crim. App. LEXIS 3131 (Tex. 1960).

Pincite

Opinion

BELCHER, Commissioner.

This is an appeal from a bond forfeiture proceedings.

The appellant contends and the State admits that there is a fatal variance between the scire facias and the final judg[338]*338ment in that the judgment was based upon an appearance bond on a writ of habeas corpus and the scire facias shows that in fact such forfeiture was upon the recognizance bond on appeal.

The judgment is reversed and the cause remanded.

Opinion approved by the Court.

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BELCHER, Commissioner.

This is an appeal from a bond forfeiture proceedings.

The appellant contends and the State admits that there is a fatal variance between the scire facias and the final judg[338]*338ment in that the judgment was based upon an appearance bond on a writ of habeas corpus and the scire facias shows that in fact such forfeiture was upon the recognizance bond on appeal.

The judgment is reversed and the cause remanded.

Opinion approved by the Court.

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Bluebook (online)

332 S.W.2d 337, 1960 Tex. Crim. App. LEXIS 3131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynn-v-state-texcrimapp-1960.