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SMITH v. STATE

No. 57164.

567 S.W.2d 10 (1978)

Frank SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

June 14, 1978.

Attorney(s) appearing for the Case

Edith Roberts, Austin, for appellant.

Ronald Earle, Dist. Atty., and Bill White, Asst. Dist. Atty., Austin, for the State.

Before ROBERTS, ODOM and TOM G. DAVIS, JJ.

OPINION

TOM G. DAVIS, Judge.

This is an appeal from a final judgment forfeiting an appearance bond.

The appellant was surety on a bond for Phillip Sanchez in the amount of $5,000. A judgment nisi forfeiting the bond was entered in the 167th District Court of Travis County. A final judgment was entered against Phillip Sanchez as principal and Frank Smith as surety.

Appellant contends that there is a fatal variance between the bond (State's...

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