MORRISON, Judge.
This is a bond forfeiture proceeding. This record shows without question that prior to the entry of the final judgment appellant had been arrested at the sureties' expense, had appeared before the court, plead guilty, was assessed a jail term, and was serving such term at the time of the entry of the judgment in the bond forfeiture proceeding.
This is the type of case envisioned by Article 439, Vernon's Ann.C.C.P., which reads as follows:...
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