82 N.W.2d 748 (Iowa 1957)
STATE of Iowa, Appellee,
v.
George Snyder TUMAN, Appellant.
No. 49233.
Supreme Court of Iowa.
May 7, 1957
T. Eugene Thornton and E. J. Gallagher, Waterloo, for appellant.
Norman A. Erbe, Atty. Gen., and Evan L. Hultman, Black Hawk County Atty., Waterloo, for appellee.
PER CURIAM.
Defendant was charged by an indictment returned by a Grand Jury of Black Hawk County, and filed March 24, 1952, charging him with operating a motor vehicle while intoxicated, fourth offense, on the public highways of Black Hawk County, Iowa, on or about March 15, 1952. He was admitted to bail on bond for $2,000, on which Russell L. Pelkey and Earl McDowell, were sureties.
On September 24, 1952, defendant, with his attorney, E. J. Gallagher, appeared in Court, before presiding Judges Shannon B. Charlton and George C. Heath, with Blair C. Wood, County Attorney, appearing for the State, and withdrew his former plea of not guilty as charged in the indictment, and requested time for sentence, which time was fixed for October 3, 1952. On this date defendant and his aforementioned attorney appeared in Court before the presiding Judge, Shannon B. Charlton, and judgment was rendered sentencing defendant to confinement in the State Penitentiary at Fort Madison, Iowa, for not more than three years, and pay the costs of the prosecution. It was further ordered that defendant's motor vehicle operator's and chauffer's license be surrendered for a year, and his liquor permit be surrendered. Defendant served notice of appeal from this judgment on October 3, 1952 and filed appeal bond to this Court. Thereafter, the date not appearing in the transcript, Judge George C. Heath of the 10th Judicial District of Iowa, made the following order in said action: 'The final judgment in this case having been satisfied, it is hereby ordered and adjudged that all of defendant's bonds, filed herein are hereby released and all sureties thereon are released and exonerated.'
Thereafter, an application of defendant's attorneys, T. Eugene Thornton and E. J. Gallagher, Jr., filed March 29, 1957, in the Black Hawk District Court, in State v. George Snyder Tuman, recites that through inadvertence the bond on appeal had been dismissed, and that to maintain the defendant's present status on appeal it is necessary that an order be entered fixing a new bond on appeal. Judge Charlton made such order on the same day for a bond of $2,000, which was executed and filed.
We find no error in the record and the judgment is affirmed.