Opinion
No. 32387.
November 16, 1960. Rehearing Denied December 27, 1960.
Appeal from the County Criminal Court No. 2, Dallas County, Dean Gauldin, J.
P. P. Ballowe, Dallas, for appellants.
Henry Wade, Criminal Dist. Atty., James M. Williamson, Asst. Dist. Atty., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.
This is an appeal by E. Colley Sullivan and Alton York as sureties upon the bail bond of Ontress Alfred Parr, Jr., from a final judgment of the County Criminal Court No. 2 of Dallas County upon a forfeiture of said bond.
The citation issued and served upon appellants, drawn under Rule 101 of the Texas Rules of Civil Procedure, summoned them 'to be and appear before the County Criminal Court No. 2 of Dallas County, Texas, at the Courthouse of said County, by filing a written answer at or before 10:00 o'clock a. m. of the Monday next after the expiration of twenty (20) days after the date of service of this citation, and show cause why the forfeiture of said bond should not be made final.'
In Blue et al. v. State, Tex.Cr.App., 341 S.W.2d 917, a similar citation, drawn under Rule 101 of the Texas Rules of Civil Procedure, was held by this Court to be insufficient to obtain service upon the sureties in a bond forfeiture proceeding.
For the reasons stated therein, the citation in the instant case is likewise insufficient and appellants' motion to quash the same should have been by the court sustained.
The judgment is reversed and the cause remanded.
Opinion approved by the Court.
On State's Motion for Rehearing
The State's motion for rehearing is overruled. See opinion on rehearing in Blue, et al. v. State, Tex.Cr.App., 341 S.W.2d 919.