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MITCHELL v. STATE

Nos. 13-81-162-CR, 13-81-163-CR.

632 S.W.2d 153 (1982)

Duane MITCHELL, Prin. and J. Manuel Banales, Surety (Number 13-81-162-CR) and Janice Mitchell aka Janice Schendel, Prin. and J. Manuel Banales, Surety (Number 13-81-163-CR), Appellants, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied May 6, 1982.

Attorney(s) appearing for the Case

J. Manuel Banales, Corpus Christi, for appellants.

Knute L. Dietze, Criminal Dist. Atty., Victoria, for appellee.

Before NYE, C. J., and UTTER and KENNEDY, JJ.

OPINION

UTTER, Justice.

These are joint appeals from bond forfeiture proceedings which were consolidated by order of the Court of Criminal Appeals. The appellant, J. Manuel Banales, served as surety on the appearance bonds for both Duane Mitchell and wife Janice Mitchell. The cases were called for trial on January 20, 1981, and both principals failed to appear in court. The judgment nisi declaring a forfeiture on both bonds was entered on that date. After...

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