Anduaga v. United States

BATTS, Circuit Judge. Article 1014, R. S. (Comp. St. 1916, § 1674), provides that a United States commissioner may take bail in any state “agreeably to the usual mode of process against offenders in such state.” A provision of Code of Criminal Procedure of Texas 1911, art. 321, is to the effect that— “A bail bond shall be sufficient if it contains the following requisites: * * * “3. If the defendant is charged with an offense that is a felony, that it state that he is charged with a felony.” The bond upon which the judgment appealed from was based was in accordance with the law, unless the following is insufficient as a compliance with the quoted subdivision: “Answer the United States in a complaint filed against him, the said a felony in said court, charging him with.” It is apparent that any deficiency is the result of a mere transposition of words, probably caused by filling blanks in a printed form. The words as used constitute a sufficient recital of the fact that the defendant was charged with a felony. A mere clerical inaccuracy, re62 suiting in .no harm to any person at interest, ought not to be permitted to defeat the purpose of the law and the intentions of the parties to the- bond. The judgment is affirmed.