Resolute Insurance Company v. State

IRWIN, Justice.

The trial court ordered forfeiture of an appeal bond and denied the motion to set aside the order of forfeiture. Plaintiff in error, the surety on the appeal bond, appealed.

The question presented concerns the forfeiture of an appeal bond in a criminal proceeding wherein the defendant, at the time he was scheduled to appear, was incarcerated in the Texas State Penitentiary for an offense committed by him after his release on the appeal bond.

The parties stipulated that: Defendant was sentenced by the trial court to the Oklahoma State Penitentiary and gave notice of his intention…