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EVANS v. STATE

No. 29725.

312 S.W.2d 641 (1958)

Floyd Clayton EVANS et al., Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 7, 1958.

Attorney(s) appearing for the Case

A. W. Salyars, Lubbock, for appellant.

William J. Gillespie, County Atty., Alton R. Griffin, Asst. County Atty., Lubbock, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

This is a bond forfeiture proceedings. The sole question presented for review is the correctness of the court's ruling in admitting the judgment nisi over the objection that there was a variance between it and the scire facias. The scire facias alleged that the case against the principal was set for March 28, 1957, and that he failed to appear, and that thereafter his bond was forfeited, while the judgment nisi recited that he did appear...

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