Bustillos v. State

OPINION

ONION, Presiding Judge.

This appeal is taken from a judgment entered in a bond forfeiture proceeding.

Appellants’ sole contention is that “the court abused its discretion in forfeiting said bond inasmuch as there was a fatal variance between the judgment nisi alleging principal failed to appear for arraignment and evidence showing principal had appeared for arraignment.”

Both the bond and the judgment nisi were admitted into evidence at the hearing to determine why final judgment should not be entered. No claim is advanced that there is a fatal variance between the bond and the judgment…