Trail v. State

BROOKS, Judge.

This appeal is from the judgment of the County Court on a forfeited bail bond. Appellant insists that no forfeiture of bond could be taken, because the capias upon which the principal was arrested failed to charge any offense against the law, and that an arrest could not be had without a capias, and as the capias was void, therefore the whole proceeding, as well as the taking of the bond, was void. It is not necessary or material, in a proceeding to forfeit a bail bond, to show the defendant was arrested. See article 443, Code of Criminal Procedure. In the case of Lindley v.…