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STATE v. HORNE

No. 8313SC1060.

315 S.E.2d 321 (1984)

STATE of North Carolina v. James HORNE, aka Jim Horne.

Court of Appeals of North Carolina.

May 15, 1984.

Attorney(s) appearing for the Case

Ward & Smith by David S. Morris and William Joseph Austin, Jr., New Bern, Of Counsel Frink, Foy & Gainey by Henry G. Foy, Southport, for surety-appellants.

Prevatte, Prevatte & Peterson by James R. Prevatte, Jr. and R. Glen Peterson, Southport, for appellee, Brunswick County Bd. of Educ.

BRASWELL, Judge.

The defendant "skipped" his bail bond. The State wants the money for the benefit of the county school fund. The court entered a judgment of forfeiture on 14 February 1983. On 4 May 1983 the sureties, James D. Couey and wife, Martha B. Couey, moved to remit the judgment. The court denied the motion for remission on 23 May 1983. The sureties appeal.

The defendant failed to appear for his court date of 4 October 1982. A surety appearance bond...

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