Brill v. State
| Decision Date | 01 January 1854 |
| Citation | Brill v. State, 13 Tex. 79 (Tex. 1854) |
| Parties | SOLOMON W. BRILL v. THE STATE. |
| Court | Texas Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Guadalupe.
J. J. Thornton, for appellant.
Attorney General, for appellee.
The appellant was convicted of a larceny at the May Term, 1854, of the District Court of Guadalupe County, and sentenced to one year's hard labor in the penitentiary. He appealed, and was discharged on his recognizance to perform the sentence and judgment of the Supreme Court, and was not committed to the jail of the county to abide the judgment of this Court, and he is now at large on the recognizance so entered into.
The Attorney General now moves this Court to dismiss the appeal. The recognizance was no doubt taken under the 4th Section of the Act of 18th May, 1846, but this Section was repealed by the 83d Section of the Act, February 11, 1854, which went into effect on the 1st May, 1854. This Act provides that in cases of appeals from conviction in the District Court, of felony, the prisoner shall be remanded to prison.
The conviction and recognizance in this case were after the Act of 1854 went into effect. The appeal therefore is not in...
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Estep v. State
...a defendant convicted of a felony had no right to release pending an appeal of that conviction. Art. 721, C.C.P. (1854). See Brill v. State, 13 Tex. 79 (1854). In 1907 Articles 815 to 818, C.C.P., were enacted, permitting a felon to be released pending appeal of his conviction if his senten......
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Ex parte Ezell
...the supreme court. The constitutionality of the above law has never been decided by the supreme court of this state. The case of Brill v. The State, 13 Tex. 79, is no authority against the position we assume; the constitutionality of the law was not raised in that case. We regard the questi......