Arrington v. State

Citations

• 13 Tex. Ct. App. 554
• 1883 Tex. Crim. App. LEXIS 48

Syllabus

<p>1. Practice—Pleading—Scire facias performs the double function of a petition and a citation, and in establishing the essential matters therein alleged the allegata and the probata must substantially correspond.</p> <p>2. Same—Evidence—Variance. —The bond upon which the judgment was based shows upon its face that it was taken and approved by a constable of Gonzales county. The bond declared upon in the scire facias is described as one taken by the sheriff of Gonzales county. Held, that the variance was fatal, and it was error to admit the bond in evidence over objection by the defense.</p> <p>3. Bail Bond—Practice.—It is not required that a bail bond be approved by the court, and it is sufficient if it be signed by the principal and sureties, the magistrate first being satisfied of the sufficiency of the security. When it is shown that the bond was taken by the officer in open court, it will be deemed to have been taken with the knowledge and under the sanction of the court.</p>