HUBBART, Judge.
This is an appeal by a surety company from an order denying its motion to set aside a final judgment of bond forfeiture entered in a criminal case.
The issue presented for review is whether a surety company is relieved from responsibility on a bail bond which it has undertaken for a defendant on a charge of second degree murder when the state thereafter abandons the said second degree murder charge and obtains an indictment against the defendant...
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