Thomas v. State

This is an appeal from a judgment final upon a forfeited bail bond. The judgment nisi fails to state that, “the same will be made final unless good cause be shown at the next term of the court why the defendant did not appear.” It has been settled by this court that the omission of the above quoted words from the judgment nisi renders it fatally defective. Collins v. State, ante, p. 356.

This error necessitates the reversal of the judgment, but the appellants contend further that the proceeding against them should be dismissed because the bail bond is void. The bond binds the defendant Thomas…