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CAGE v. STATE

No. 31269.

330 S.W.2d 433 (1959)

Ben Jack CAGE et al., Appellants, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 16, 1959.

Attorney(s) appearing for the Case

P. P. Ballowe, Dallas, for appellant.

Henry Wade, Dist. Atty., John J. Fagan and Phil Burleson, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

This is an appeal by the sureties from a forfeiture of an appearance bond in the sum of $1,000 conditioned for the appearance of Ben Jack Cage to answer a felony indictment in Criminal District Court No. 2 of Dallas County.

The State concedes that because of an omission in the judgment nisi of the statutory requirement, that it recite that the forfeiture will be made final "unless good cause be shown why the defendant did not appear", the forfeiture...

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