272 S.W. 448 | Tex. Crim. App. | 1925
This is an appeal from the district court of Delta County from a judgment forfeiting a bond.
It appears that the bond in question was given by Ab Mayfield in Justice Court for his appearance before the district court of said county. This bond was dated February 26th, 1923, and approved Feb. 27th of "___ A.D. 191___". The bond was afterwards forfeited in the district court, judgment nisi entered, scire facias issued, served, and upon motion of the defendants the proceedings were quashed, and scire facias re-issued and the appellant appeared and when the bond was offered in evidence the objection was raised to same because the bond was dated Feb. 26th, 1923, and the scire facias alleged the date of the bond to be February 4th, 1923. In other words because of the variance between the allegations in the scire facias and the bond sued on. The court admitted the bond in evidence and in his explanation to the bill of exceptions stated because the former scire facias as had been quashed by the defendants *233
at a former term of the court and they were in court by reason of their motion, and that there appeared to be an other mistake in the last proceedings which defendants had moved to quash, and from all the proceedings, there was no question about it being the bond made in the examining court, and for these reasons he proceeded to make the judgment final. This identical point arose in the case of Mosely et al. v. State,
We are of the opinion that the above objection should also have been sustained. Avant v. State,
For the errors above discussed, the judgment of the trial court is reversed and remanded.
Reversed and remanded.
The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court. *234