Hernden v. State

OPINION

ROBERTS, Judge.

This is an appeal from a bond forfeiture proceeding. On October 4, 1971, the appellant signed as a surety on a twenty-five thousand dollar bail bond with one Samuel Gomez as principal.

It appears from the record filed in this cause that the principal, Gomez, was convicted on April 5, 1972, of the offense of possession of heroin. The punishment hearing was set for April 20, 1972. On that date, the principal failed to appear when the case was called, and a judgment nisi declaring a forefeiture of the bond was entered against the principal and the sureties.

The appellant was…