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TONEY v. STATE

No. 31523.

334 S.W.2d 170 (1960)

Brady TONEY, Jr., et al. v. STATE.

Court of Criminal Appeals of Texas.

March 2, 1960.

Attorney(s) appearing for the Case

P. P. Ballowe, Dallas, for appellant.

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

WOODLEY, Judge.

This is the same character of proceeding as that in Swanson v. State, Tex.Cr. App., 334 S.W.2d 179; an injunction suit or bill of review instituted by the same sureties after the time allowed for appeal or writ of error to review the final judgment in a bond forfeiture.

Our holding in Swanson v. State, Tex.Cr. App., 334 S.W.2d 179, this day decided, is controlling.

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