Arrington v. State
Court of Appeals of Texas
Appeal from the District Court of Gonzales. Tried below before the Hon. E. Lewis. The appeal in this case was prosecuted from the forfeiture of the appearance bond of Willis Arrington, bailed under a charge of theft of one hundred and seven head of sheep. The amount of the bond and the judgment was four hundred dollars. The opinion sufficiently discloses the case.
1Opinion of the CourtWillson, J.
We are of the opinion that the court erred in admitting in evidence, over the objections of the defendants, the bail bond upon which the judgment in this case is based. This bond shows upon its face that it was taken and approved by L. S. Collins, a constable of Gonzales county, while the bond declared upon in the scire facias is described as one taken by the sheriff of Gonzales county. A scire facias performs the double function of a petition and a citation, and in establishing the *555essential matters therein alleged the allegata and probata must substantially correspond. (Bailes v. The State,…
2Cases cited3 opinions
- State v. CoxTexas Supreme Court · 1860
- Brown v. StateTexas Supreme Court · 1875
- Bailes v. StateTexas Supreme Court · 1857