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ALLEGHENY MUT. CAS. CO. v. STATE

No. 1-681A199.

429 N.E.2d 319 (1981)

ALLEGHENY MUTUAL CASUALTY CO., Lavern Weddel, D/B/a Weddel Bonding, Attorney in Fact, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied February 10, 1982.

Attorney(s) appearing for the Case

Frank E. Spencer, Indianapolis, for defendant-appellant.

Linley E. Pearson, Atty. Gen., Richard Albert Alford, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

NEAL, Presiding Judge.

Allegheny Mutual Casualty Co. (Allegheny) appeals a judgment for forfeiture of a bail bond upon the failure of criminal defendant Richard Allen Smith (Smith) to appear as ordered.

We reverse.

STATEMENT OF THE FACTS

Allegheny wrote a bail bond through its attorney in fact, Lavern Weddel, on November 29, 1978, for Smith who was charged with attempted theft. After his plea of not guilty, Smith, on July 24, 1979, was further...

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