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STATE v. FOSTER

No. KCD 26705.

512 S.W.2d 448 (1974)

STATE of Missouri, Plaintiff-Respondent, v. Larry Dean FOSTER, Defendant-Principal, and David K. Van Hecke, Surety-Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied August 5, 1974.

Application to Transfer Denied September 9, 1974.

Attorney(s) appearing for the Case

Thomas J. Cox, Jr., Kansas City, for surety-appellant.

John C. Danforth, Atty. Gen., Stephen D. Hoyne, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Before DIXON, C. J., and SHANGLER and WASSERSTROM, JJ.

DIXON, Chief Judge.

Surety appeals from judgment on forfeiture of the bail bond of defendant.

The facts are undisputed:

Larry Dean Foster was charged with stealing a motor vehicle. On January 7, 1972, he, as principal, and David K. Van Hecke, as surety, executed a bail bond in the sum of $1,500 in favor of the State of Missouri, conditioned upon the personal appearance of Larry Dean Foster in the Circuit Court of Jackson County as required by the order...

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