Court holds judge must find defendant omitted discussion benefit in first procedural act after suretyship request.

The court ruled that a judge who declares a surety forfeited for failing to invoke the benefit of discussion must verify this omission occurred in the first procedural act following the suretyship request. The defendant argued the forfeiture was improper because the benefit was not raised until a later stage, while the opposing party contended the initial silence constituted a waiver. The court decided the forfeiture stands because the law requires the omission to be established at the earliest opportunity after the suretyship is sought.