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INTERNATIONAL FIDELITY INS. COMPANY v. STATE

No. 46437.

489 S.W.2d 914 (1973)

INTERNATIONAL FIDELITY INSURANCE COMPANY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 7, 1973.

Attorney(s) appearing for the Case

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

Steve W. Simmons, Dist. Atty., Gary B. Weiser, Asst. Dist. Atty., El Paso, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

DALLY, Commissioner.

This is an appeal by the surety on an appearance bond from a final judgment forfeiting said bond.

The only point of error urged for reversal is an alleged fatal variance between the bond and the judgment nisi.

The bond recites the principal "stands charged with a felony, to-wit: Swindling w/worthless checks over $50." The judgment nisi recites the principal failed to appear "upon a charge by indictment ... accusing...

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