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SCOTT v. STATE

No. 67333.

617 S.W.2d 691 (1981)

Jack SCOTT, Principal, Jas. W. Mehaffy, Jr., and H.S. Garcia, Sureties, Appellants, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 24, 1981.

Attorney(s) appearing for the Case

J. Michael Bradford, Beaumont, for appellants.

Ed C. Jones, County Atty., Lufkin, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANTS' MOTION FOR REHEARING

ODOM, Judge.

This is an appeal in a bond forfeiture case. On original submission the appeal was dismissed due to an untimely filing of a cost bond. It now appears we were in error and that the cost bond was timely filed. The motion for rehearing is granted and the appeal is reinstated.

Three contentions are raised on appeal, all of which assert the forfeited bond was not a valid and binding undertaking...

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