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Smith v. State

Court of Criminal Appeals of Texas
Nov 19, 1975
529 S.W.2d 549 (Tex. Crim. App. 1975)

Opinion

No. 50886.

November 19, 1975.

Appeal from the 147th Judicial District Court, Travis County, Mace B. Thurman, Jr., J.

Stephen M. Orr, Austin, for appellant.

Robert O. Smith, Dist. Atty., Stephen H. Capelle, Asst. Dist. Atty., Austin, Jim D. Vollers, State's Atty. and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION


This is an appeal from a bond forfeiture judgment. Appellant was surety on the bonds of four different principals whose bonds were forfeited. The four matters were consolidated into one forfeiture suit in which the surety was the only defendant. Although the record reflects many deficiencies, the State has confessed error in that in none of the forfeiture proceedings was the principal made a party. Since this is fatal to the judgment (Joe's Bonding Company v. State of Texas, Tex.Cr.App., 481 S.W.2d 145), there is no need to discuss the matter further.

The judgment is reversed and the cause remanded.

Opinion approved by the Court.

DOUGLAS, J., not participating.


Summaries of

Smith v. State

Court of Criminal Appeals of Texas
Nov 19, 1975
529 S.W.2d 549 (Tex. Crim. App. 1975)
Case details for

Smith v. State

Case Details

Full title:Frank SMITH, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Nov 19, 1975

Citations

529 S.W.2d 549 (Tex. Crim. App. 1975)

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