HUTCHINGS v. STATE

No. 32981.

345 S.W.2d 407 (1961)

John HUTCHINGS et al., Appellants, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 22, 1961.


Attorney(s) appearing for the Case

Dickson & Associates, Houston, (by Bill M. Dickson, Houston, of counsel), for appellant.

Frank Briscoe, Dist. Atty., Walter A. Carr, Carl E. F. Dally, Assts. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

This is an appeal from a bond forfeiture.

Upon the failure of the principal to appear, his $2,500 appearance bond was forfeited and judgment nisi was taken on April 17, 1959. Judgment final was rendered June 1, 1960, but no entry thereof was made in the records of the court until September 26, 1960 which was in another term of said court.

The state's contention that appellant's appeal bond was not timely filed cannot be sustained...

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