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BUSTILLOS v. STATE

No. 46436.

490 S.W.2d 563 (1973)

Marcelo BUSTILLOS et al., Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 21, 1973.

Attorney(s) appearing for the Case

Joseph (Sib) Abraham, Jr., Anthony C. Aguilar, El Paso, for appellants.

Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

ONION, Presiding Judge.

This appeal is taken from a judgment entered in a bond forfeiture proceeding.

Appellants' sole contention is that "the court abused its discretion in forfeiting said bond inasmuch as there was a fatal variance between the judgment nisi alleging principal failed to appear for arraignment and evidence showing principal had appeared for arraignment."

Both the bond and the judgment nisi were admitted into evidence...

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