Holt v. State

Citations

• 20 Tex. Ct. App. 271
• 1886 Tex. Crim. App. LEXIS 43

Syllabus

<p>1. SCIRE Facias cases, until that period in the proceedings when the judgment niai is reached, are considered and treated as criminal. From the issuance of the writ on the judgment nisi all proceedings are governed in practice by the rules which obtain in civil cases.</p> <p>2. Practice.&emdash; Plea off Non est Factum in civil cases, to be valid, must be made under oath. The plea in this case, not being Verified by affidavit, is a nullity, and cannot be entertained,</p> <p>3. Same,&emdash;Statement of Facts, though agreed to by counsel and approved by the trial judge, will not be considered on appeal if the same does not appear to have been filed as a part of the record in the case, either in term time, or within ten days after adjournment of court, under a proper order of court entered in term time, allowing such ten days.</p> <p>4. Scire Facias — Bail Bond.—One of the requisites to a writ of scire facias is that it shall state the date of the recognizance or bail bond. A requisite of a bail bond is that it be signed by the principal and sureties. The execution of the bond dates from,the signature, and not from the time of its approval by the sheriff. Especially is this the rule since the validity of the bond is not made to depend upon its approval by the officer.</p> <p>5. Same — Evidence.— General Denial pleaded to the writ of scire facias puts in issue all the material issuable allegations of the scire facias, and, therefore imposes upon the State .the burden of proof. The scire facias in this case alleged the date of the bond to be April 20, 1888. Under this allegation the State should have been confined, in its evidence, to proof of a bond issued on that day, and in admitting in evidence, over objection, a bond dated on the 17th day of April, 1883, the trial court erred.</p>