J. D. Martin v. State

Citations

• 16 Tex. Ct. App. 265
• 1884 Tex. Crim. App. LEXIS 103

Syllabus

<p>1. Scire Facias—Practice—Evidence—Case Stated.—Under an indictment for theft, D. was convicted of swindling. Appealing to this court with appellants as sureties, he obligated himself, in his bond, to appear-before the district court and abide the decision of his appeal. The conviction was affirmed on appeal, and D. failing to appear on his bond before the district court, the same was forfeited, and proper process to-show cause, etc., was served on appellants. Appellants answered sci-refacias by general denial only, pleading none of the exonerating provisions of Article 463 of the Code of Criminal Procedure. The trial resulted in final judgment against appellants. On the trial, the State read in evidence the indictment against D. for theft, and, over objection, the judgment of conviction for swindling. The objection is, that the conviction was not supported by the indictment, but was for a different offense, wherefore the judgment was a nullity, and inadmissible in evidence. Held, that it was only necessary for the State to show the recognizance and the judgment nisi declaring its forfeiture; that, while the judgment and indictment were not necessary evidence, their admission-could in no way affeet'the issue in the case.</p> <p>3. Same.—The sufficiency of an indictment, or the regularity of the proceedings preliminary to the conviction of an offense charged by the indictment, cannot be questioned in a scire facias proceeding. In this case, the judgment of the Court of Appeals, affirming the judgment of conviction, was the law of the case, and could not be questioned in the court- I below. Nor can sureties on an appearance bond be heard in any way to- I question the guilt of their principal. See the opinion on the question.</p> <p>A Same.—Article 453 of the Code of Criminal Procedure prescribes the only-causes which will exonerate principal and sureties from liability upon the forfeiture of a bail bond, and none of them reach to the sufficiency of the indictment or