Hutchings v. State

This is an appeal from a bond forfeiture.

Upon the failure of the principal to appear, his $2,500 appearance bond was forfeited and judgment nisi was taken on April 17, 1959. Judgment final was rendered June 1, 1960, but no entry thereof was made in the records of the court until September 26, 1960, which was in another term of said court.

The state’s contention that appellants’ appeal bond was not timely filed cannot be sustained in view of Rule 306b, T.R.C.P. Appellants’ appeal bond was filed on November 10, 1960, within 45 days of entry of judgment nunc pro tunc on September 26, 1960.

The…