Gibson v. State

OPALA, Justice:

The issue presented for our decision is whether the bail bond in suit was exonerated and the surety thereon discharged by operation of law when the trial court pronounced judgment-and-sentence. We answer in the negative.

The appellants were sureties on an appearance bond. After judgment-and-sentence was pronounced, the trial court set the defendant free for a few hours to allow him to take care of some personal business. When the defendant did not return, the judge gave notice of the bond’s forfeiture. The sureties’ motion to set it aside — filed less than two months later — was…