Kubish v. State

• Decision Date: 12 June 1935
• Docket Number: No. 17654.,17654.
• Citation: 84 S.W.2d 480
• Parties: KUBISH et al. v. STATE.
• Court: Texas Court of Criminal Appeals

84 S.W.2d 480

KUBISH et al. v. STATE.

No. 17654.

Court of Criminal Appeals of Texas.

June 12, 1935.

Commissioners' Decision.

Appeal from Justice Court, Fayette County; J. M. Bartos, Judge.

Proceeding by the State against Emil Kubish and others. From an adverse judgment, defendants appeal.

Appeal dismissed.

C. C. Jopling, of La Grange, for appellants.

Lloyd W. Davidson, State's Atty., of Austin, for the State.

CHRISTIAN, Judge.

From a final judgment of a justice court forfeiting an appearance bond, Emil Kubish, E. R. Rabel, Henry Billeck, C. C. Joplin, and E. C. Nocek, appellants, have attempted to appeal directly to this court.

The power conferred by article 61, C. C. P., upon a justice of the peace to take forfeitures of all bail bonds given for the appearance of any party at his court, regardless of the amount, has been sustained by the civil courts. Garner v. Smith, 40 Tex. 505; Fleming v. Bonine (Tex. Civ. App.) 204 S. W. 364. Article 864, C. C. P., reads as follows: "An appeal may be taken by the defendant from every final judgment rendered upon a recognizance, bail bond or bond taken for the prevention or suppression of offenses, where such judgment is for twenty dollars or more, exclusive of costs, but not otherwise."

We quote article 865, C. C. P.: "The defendant may also have any such judgment as is mentioned in the preceding article, and which may have been rendered in courts other than the justice and corporation courts, revised upon writ of error."

Article 866, C. C. P., provides as follows: "In the cases provided for in the two preceding articles, the proceedings shall be regulated by the same rules that govern civil actions where an appeal is taken or a writ of error sued out."

A proceeding for the forfeiture of a bail bond is a criminal case. Jeter v. State, 86 Tex. 555, 26 S. W. 49, and authorities. We know of no statute, and appellants have cited none, authorizing a direct appeal from the justice court to this court in a criminal case. The court of criminal appeals has appellate jurisdiction coextensive with the limits of the state in all criminal cases of whatever grade, with such exceptions and under such regulations as are prescribed by law. Section 5 of article 5, Constitution of Texas. Section 16 of article 5 of the Constitution of Texas, among other things, provides that county courts shall have appellate jurisdiction in criminal cases of which the justice courts have original jurisdiction. Section 19 of article 5, Constitution of Texas, confers upon justices of the peace jurisdiction in criminal matters when the penalty or fine to be imposed by law may not be more than for $200, and provides that in all criminal cases appeals are allowed to the county court under such regulations as may be prescribed by law. The Legislature has the power to increase, diminish, or change the appellate, as well as the original, jurisdiction of county courts in civil and criminal matters. Section 22, art. 5, of the Constitution of Texas; Ex parte Bennett, 85 Tex. Cr. R. 315, 211 S. W. 934, 935. We quote from Bennett's Case as follows:

"This means appellate jurisdiction as well as original, as was held by this court in Miman v. Eidman, 1 White & W. Civ. Cas. Ct. App. § [629], 630. It also means, as held in the cases of Chapman v. State, 16...