Phillips v. State

JONES, Justice:

Richard Alvin Thomas was indicted in the February 1965 Term of the Circuit •Court of Harrison County for unlawfully and feloniously possessing- burglary tools. He had previously been released on bond signed by Henry Thomas Phillips, which bond required him to appear at the February 1965 Term to answer the charge. On February 15, 1965, Thomas made default, and judgment nisi was rendered on the bond. On April 16, one of the sureties on the bond, the appellant here, filed a motion to set aside the judgment, giving as reasons therefor: (1) that on or about January 17, 1965, Thomas…