Court of Criminal Appeals of Texas, 1940

Orr v. State

Court of Criminal Appeals of Texas · Decided June 12, 1940 · Beauchamp

139 Tex. Crim. 436; 141 S.W.2d 597; 1940 Tex. Crim. App. LEXIS 397

Cases that cite this one

4 later published cases cite this decision.

Bob Smith Bail Bonds, Surety v. State (Tex. App. 1998)
Hernden v. State (Tex. App. 1993)
Dave Jones, Individually and D/B/A Chachi's Bail Bonds v. State (Tex. App. 2011)
Orr v. State (Tex. Crim. App. 1941)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BEAUCHAMP, Judge.

This is a bond forfeiture case.

The statement of facts does not show that the State offered in evidence, upon the trial of the case, the bond upon which the forfeiture was predicated; nor does same appear in the transcript.

*437The appellants answered by general demurrer and general denial. The State was, therefore, under the burden of introducing in evidence the bail bond, in order to be entitled to judgment. White v. State, 276 S. W. 274; Baker v. State, 17 S. W. 256.

It follows that the judgment is not supported by the evidence.

The judgment is reversed and the cause is remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.