Legal Opinion

Smith v. State

Court of Criminal Appeals of Texas

Decided October 13, 1976No. Nos. 52665-52667PublishedCited by 1 opinion

1Opinion of the Court

OPINION

DALLY, Commissioner.

These are appeals from final judgments forfeiting appearance bonds.

The appellant, a surety on the bonds, asserts there is insufficient evidence to support the judgment because the judgments nisi were not admitted in evidence. A final judgment forfeiting a bail bond must be supported by the judgment nisi. Fears v. State, 500 S.W.2d 815 (Tex.Cr.App.1973); Purkey v. State, 494 S.W.2d 541 (Tex.Cr.App.1973); Morgan v. State, 157 Tex.Cr.R. 117, 247 S.W.2d 94 (1952). The State did not offer in evidence the judgments nisi; the State concedes error.

The judgments are reversed…

2Cases cited3 opinions

  1. Morgan v. StateCourt of Criminal Appeals of Texas · 1952
  2. Purkey v. StateCourt of Criminal Appeals of Texas · 1973
  3. Fears v. StateCourt of Criminal Appeals of Texas · 1973

3Cited by1 opinion

  1. Bob Smith Bail Bonds, Surety v. StateCourt of Appeals of Texas · 1998

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