Slaughter v. State

Shulman, Judge.

When appellant-surety’s principal failed to appear for a rescheduled hearing on a motion for new trial, forfeiture proceedings were commenced against appellant. On appeal from the judgment ordering forfeiture of the appeal bond, we reverse.

1. The bond forming the basis for appellant’s liability provided as follows: "Where [a certain named individual was convicted of theft by deception]... and the [named individual] having made a motion for new trial which has been set for hearing on the 15th day of November, 1978.

"Now should the [named individual] personally be and appear at…