Weaver v. State

Citations

• 13 Tex. Ct. App. 191
• 1882 Tex. Crim. App. LEXIS 204

Syllabus

<p>1. Scire Facias—Indictment—Evidence.—Bail Bond was signed “W. F. Torlet;” the indictment was against “ W. T. Torbert,” and the judgment nisi was against “ W. F. Torbett.” Objection to these instruments as evidence was urged upon the ground that the bond was not forfeited by an indictment against “W. T. Torbert,” the bond signed by the appellant being executed by “ W. F. Torlet,” and there was no allegation in any of the pleadings that “ Torbert” and “ Torbett” were the same person who signed the bond as “ W. F. Torlet.” Held, that the indictment and bond were erroneously admitted in evidence.</p> <p>2. Same.—In the absence of a proper averment to that effect, the trial court erred in permitting a State’s witness to testify that “W. F. Torbett” signed the bond as “ W. F. Torlet.”</p>