State v. Smith

The appellee has filed no brief and we therefore proceed under App. R. 18(C) which provides in part:

“* * * If an appellee fails to file his brief * * * in determining the appeal, the court may accept the appellant’s statement of the facts and issues as correct and reverse the judgment if appellant’s brief reasonably appears to sustain such action.”

After being charged with aggravated burglary and grand theft, Gregory Smith was released on bail. Appellant, Clyde W. White, was surety on the bail bond.

When Smith did not appear in court as directed, the court forfeited his bail and eventually…