Russell v. State

IRWIN, Justice.

This appeal involves the forfeiture of a bail bond in a criminal proceeding. The bond was executed by Emma Jean Russell, as the defendant-principal and by Resolute Insurance Company, as the surety. It was executed upon behalf of the surety by E. L. Johnson, its attorney-in-fact and the surety does not question its validity.

Seven days after notice was given for the appearance of defendant, the trial court made an order declaring the bond forfeited for failure of the defendant to appear on the date specified in the notice, for carrying out a judgment and sentence which had been…