Smith v. State

Court of Criminal Appeals of Texas

Decided October 13, 1976

Court of Criminal Appeals of Texas · decided 1976-10-13

Cited by 1 later decisions — most recently January 1998

1 state decisions

Relies on 157 Tex. Crim. 117 - Morgan v. State · Purkey v. State · Fears v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-10-13

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¶1OPINION

DALLY, Commissioner.

¶2These are appeals from final judgments forfeiting appearance bonds.

¶3The appellant, a surety on the bonds, asserts there is insufficient evidence to support the judgment because the judgments nisi were not admitted in evidence. A final judgment forfeiting a bail bond must be supported by the judgment nisi. Fears v. State, 500 S.W.2d 815 (Tex.Cr.App.1973); Purkey v. State, 494 S.W.2d 541 (Tex.Cr.App.1973); Morgan v. State, 157 Tex.Cr.R. 117, 247 S.W.2d 94 (1952). The State did not offer in evidence the judgments nisi; the State concedes error.

¶4The judgments are reversed and the causes are remanded.

¶5Opinion approved by the Court.