Johns v. State (29 S.W.2d 758, 1930)

MARTIN, J.

This is an appeal from final judgment for-. feiting bail bond entered by the district court of Parker county.

In this character of case we follow the rule in civil cases. There is no Showing in this record that a brief was filed in the trial court in accordance with article 2283, Revised Civil Statutes (1925). This has been many times held necessary to a consideration of an appeal from a judgment forfeiting a bail bond. Bratton et al. v. State, 109 Tex. Cr. R. 329, 4 S.W.(2d) 562; Reddell v. State, 99 Tex. Cr. R. 230, 268 S. W. 458; Lewis v. State (Tex. Cr. App.) 38 S. W. 205; Mayer v. State (Tex. Cr. App.) 24 S. W. 408; Frost et al. v. State (Tex. Cr. App.) 57 S. W. 669. See cases collated in Vernon’s Ann. C. C. P. vol. 3, p. 311; also authorities cited in the eases above mentioned.

The appeal is dismissed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court

MARTIN, J.

It being now made to appear that waiver of the filing of briefs in the lower court were actually signed by appellants and appellee, but inadvertently not shown here prior to the original submission, the order of dismissal heretofore entered is set aside, and the ease will be considered upon its merits.

The issues of law and fact are identical with those discussed in Mae Johns et al. v. State (Tex. Cr. App.) 29 S.W.(2d) 757, opinion delivered June 18, 1930. For the reasons and under the authorities therein collated, the judgment is reversed and cause remanded.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the court.