Baker v. State

Citations

• 21 Tex. Ct. App. 359
• 17 S.W. 256
• 1886 Tex. Crim. App. LEXIS 155

Syllabus

<p>1. Scire Facias—Practice— Evidence.—The defense in a scire facias proceeding upon a forfeited bail bond pleaded the general denial, and that the principal failed to appear in court because of sickness. The bail bond was not introduced in evidence by the State, and the trial judge held, in his conclusions of law, that the only issue in the case was the sickness of the principal at the appearance term, and that the bond was not necessary evidence in the case. Held, error. The effect of the general denial was to traverse every allegation contained in the scire facias, including the execution of the bond, and the bond was indispensable evidence to authorize a judgment for the State.</p> <p>2. Same—Interpretation op the Codes.—Article 456 of the Code of Criminal Procedure can not be construed to limit the appearance of the principal before final judgment to a voluntary appearance. His appearance before entry of final judgment, whether voluntary or involuntary, requires the court to set aside the forfeiture of his bail bond, provided he shows good cause why he did not appear in court as stipulated in the bond. The trial court, therefore, erred in holding that, as the principal’s appearance was compulsory, his defense of sickness could not avail him.</p>