
    WIMBERLY et al. v. STATE.
    (No. 8636.)
    (Court of Criminal Appeals of Texas.
    April 15, 1925.)
    Bail <&wkey;>94 — Appeal from forfeiture of bail bond dismissed where no brief filed.
    An appeal from judgment, making a forfeiture of bail bond fina], is governed by rules applicable to civil matters, and, where record fails to show that appellants filed any brief either in trial court or in appellate court, appeal will be dismissed.
    Commissioners’ Decision.
    Appeal from District Court, Terry County W. R. Spencer, Judge. -
    Proceedings by tbe State against Wertb Wimberly and others, to forfeit a bail bond. From a judgment making tbe forfeiture of tbe bail bond final, defendánts appeal.
    Dismissed.
    Tom Garrard, State’s Atty., and Grover C. Morris, Asst. State’s Atty., both of Austin, for tbe State.
   BAKER, J.

This is an appeal from a judgment of tbe district court of Terry county, making a forfeiture of a bail bond final against tbe appellants herein.

Tbe state’s attorney with this court bas moved to dismiss this appeal for tbe reason that tbe appellants have not filed any brief in this court.

In forfeited bail bond cases, under tbe law of this state tbe rule with reference to preparing arid appealing such casés is governed by tbe rules applicable to civil matters. Tbe record in this case fails to show that tbe appellants filed any brief, .either in tbe trial court or in this court,.and We are of tbe opinion that the state’s motion to dismiss is well taken. This court held, in tbe cases of Rudy v. State, 80 Tex. Cr. R. 568, 191 S. W. 698, and Thodberg et al. v. State, 81 Tex. Cr. R. 225, 194 S. W. 1108, that a failure upon the part of appellants to file their brief as here-Jriabove stated was ground for dismissal of the appeal.

We therefore hold that the motion of tbe state is well taken, and said appeal should be dismissed, and it is accordingly so ordered.

PER CURIAM. Tbe foregoing. opinion of tbe Commission of Appeals bas been examined by tbe judges of tbe Court of Criminal Appeals and approved by tbe court.  