Allegheny Mutual Casualty Co. v. State

NEAL, Presiding Judge.

Allegheny Mutual Casualty Co. (Allegheny) appeals a judgment for forfeiture of a bail bond upon the failure of criminal defendant Richard Allen Smith (Smith) to appear as ordered.

We reverse.

STATEMENT OF THE FACTS

Allegheny wrote a bail bond through its attorney in fact, Lavern Weddel, on November 29, 1978, for Smith who was charged with attempted theft. After his plea of not guilty, Smith, on July 24, 1979, was further charged, in Count II, as an habitual offender. The State’s petition to increase the bond penalty to $32,500 was never ruled upon. Trial was held on…