¶1This is an appeal from a bond forfeiture proceedings.
¶2The appellant contends and the State admits that there is a fatal variance between the scire facias and the final judg*338ment in that the judgment was based upon an appearance bond on a writ of habeas corpus and the scire facias shows that in fact such forfeiture was upon the recognizance bond on appeal.
¶3The judgment is reversed and the cause remanded.
¶4Opinion approved by the Court.