Wilcox

The People appeal from an order of the trial court reinstating a forfeited bail bond and the subsequent exoneration of the same.

The circumstances under which the bond was posted, forfeited and reinstated are as follows: The Grand Jury of Los Angeles County returned an indictment wherein one Robert Daniel Wilcox (hereinafter referred to as the defendant) was accused of the crime of issuing checks without sufficient funds, a felony. (Pen. Code, 476a.) Defendant entered a plea of not guilty and bail was fixed in the sum of $1,000. Respondent Anchor Casualty Company is defendant's surety on said bail bond. Trial was set for June 20, 1958. The defendant did not personally appear on that date, but an appearance was made in his behalf by the public defender. The defendant's bail was thereupon ordered forfeited and a bench warrant was issued for his arrest. At that time the court appointed its medical examiner "to examine the physical condition of the defendant and to report to the court."proceedings were continued to June 23, 1958.

On June 23 the court-appointed medical examiner filed a four-page report, stating among other things, that the defendant was then under the care…