3 S.W. 479


HARRELL, alias PRYOR
v.
STATE.1


Court of Appeals of Texas.


January 26, 1887.

Page 480

Appeal from district court, Freestone county.

This appeal is prosecuted from a judgment upon the forfeited appearance bond of
W. T. Harrell, alias Sam Pryor, bailed under a pretended indictment charging him
with the larceny of cattle. The amount of the bond and judgment was $200.

A. G. Anderson, for appellant.

The alleged indictment was found by a grand jury composed of more than 12 
persons. It was therefore void, and will not support proceedings of any 
character. 18 Tex. App. 627'> Lott's Case, 18 Tex. App. 627.

Asst. Atty. Gen. Burts, for the State.

WILLSON, J.

This appeal is from a judgment final upon a forfeited bailbond. The bail-bond 
was executed under a pretended indictment, which had been presented by a body of
14 persons assuming to act as a grand jury. Such pretended indictment was a
nullity, and all process and proceedings thereunder were void. Lott v. State, 
18 Tex. App. 627; McNeese v. State, 19 Tex. App. 48; Ex parte Swain, Id. 323; 
Williams v. State, Id. 265.

The judgment is reversed, and the proceeding upon the bail-bond is dismissed.

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Notes:

1. Reported by Messrs. Jackson & Jackson, official reporters of the Texas court
of appeals.

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