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CUMBIE v. STATE

No. 35673.

367 S.W.2d 693 (1963)

Toy Jefferson CUMBIE et al., Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 8, 1963.

Attorney(s) appearing for the Case

Lloyd W. Westerlage, Dallas, for appellant.

Henry Wade, Dist. Atty., Dallas, Emmett Colvin, Jr., Asst. Dist., Atty., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Presiding Judge.

Toy Jefferson Cumbie, the principal, appealed to this Court from a conviction for drunk driving, and on May 18, 1959, with the appellants Fred Lozano and Freddie Lozano as his sureties, entered into a recognizance bond in the sum of $500.

The judgment was affirmed and mandate issued, and Cumbie not having appeared and the sheriff being unable to locate him so that capias could be served, the trial court on January 5, 1960, entered...

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