Hill v. State

OPINION

VANCE, Justice.

The question presented in this bond forfeiture proceeding is whether incarceration in Mexico excuses a criminal defendant from appearing when his case is called for trial. Our answer is that he may be excused by statute, but he and his sureties bear the burden of proving that such incarceration was an uncontrollable circumstance that resulted without his fault. Because the question arose in the summary judgment context and the surety raised fact issues on the affirmative defense, we will reverse the judgment that declared the forfeiture final.

THE FORFEITURE

Raunel…