No. 30460.

321 S.W.2d 590 (1959)

William Nolan B. McKINNEY, G. A. Renfro & H. L. Adcox, Appellants, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 11, 1959.

Attorney(s) appearing for the Case

Underwood, Wilson, Sutton, Heare & Boyce, Amarillo (Robert N. Carnaham, Amarillo, of counsel) for appellant.

Lon Moser, County Atty., Amarillo, E. S. Carter, Jr., Asst. County Atty., Amarillo, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

This is an appeal from a directed verdict in favor of the State in a bond forfeiture proceeding.

The condition of the bond in question was that the principal would make his appearance before the County Court at Law of Potter County on September 2 in answer to a misdemeanor there charged against him. Prior to the appearance day, the sureties learned that the principal was incarcerated in...

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