McCallum v. State

OPINION

WOODLEY, Presiding Judge.

This is an appeal from an order overruling petition for bill of review filed by John T. Boyce, Surety on the appearance bond of' Bobby Don McCallum, forfeiture of which was affirmed by this court in McCallum et al. v. State of Texas, Tex.Cr. App., 411 S.W.2d 361.

The ground upon which the surety sought to have the trial court set aside the judgment entered against him after affirmance by this court is that at the time the judgment nisi was made final the principal was. in custody of the sheriff.

We find no merit in such contention.

Judgment nisi was entered when…