Snyder

James Snyder appeals from a judgment of the trial court entered pursuant to jury verdict finding him guilty of burglary second degree (Pen. Code, § 459).

The Case

Defendant James Snyder was arrested and charged with burglaiy. At his arraignment defendant pleaded not guilty and was released on bail pending trial. Trial was set for July 1, 1974. On that date defendant was present with counsel and the full jury was impaneled. No testimony or evidence was introduced, however, and proceedings were continued until the next day. Defendant remained free on bail.

When defendant failed to appear on July 2, 1974, the courthouse was searched, defendant’s bail was forfeited and a bench warrant issued'. Trial was continued until July 3, 1974, and at that time defendant was still absent. Defendant’s counsel told the court that he had received a telephone call from defendant informing him that defendant was arrested for a traffic warrant, had been in the Alhambra city jail, and would be at court by 11 a.m. Defendant failed to appear thereafter and a check was made of the county jail system, but no record was found to indicate that defendant had been apprehended. A check of the…