State v. Elliott

*390Hoffman, J.

The sole issue presented by this appeal is whether a judgment of forfeiture on a surety bond has accrued to the Common School fund when payment of the forfeiture has been made and the funds ultimately turned over to the Treasurer of the State.

The record discloses that on March 21, 1973, an affidavit for “Entering to Commit a Felony” was filed against criminal defendant William Paul Elliott. A warrant issued upon the affidavit and bond was set at $2,000. Appellee Jean Markey was surety on the bond posted by defendant.

On August 29,1973, defendant failed to appear at a hearing on…