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SURETY INSURANCE COMPANY OF CALIFORNIA v. STATE

No. 47212.

500 S.W.2d 119 (1973)

SURETY INSURANCE COMPANY OF CALIFORNIA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 17, 1973.

Attorney(s) appearing for the Case

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

Steve Simmons, Dist. Atty., William B. Hardie, Jr., Asst. Dist. Atty., El Paso, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

This is an appeal from a judgment in a bond forfeiture proceeding wherein the surety alone appeals.

Appellant contends in his sole ground of error that "the trial court erred in not setting aside the bond forfeiture inasmuch as the bond upon which the forfeiture is predicated is not a valid and binding undertaking in law."

At the trial before the court to show cause why the judgment nisi should not be made final...

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