Durbin

Defendant-appellant Lee Durbin was charged with a criminal offense on May 19, 1961, in the Superior Court of San Diego County and bail was set at $5,250. It was posted by the execution of two bonds by National Automobile and Casualty Insurance Company, by their agent Homer Rushing. On August 16, 1961, the date set for trial, defendant did not appear and the bail was ordered forfeited. On September 22, 1961, the agent, Rushing, made oral motion to set aside the forfeiture and followed it with a written motion filed on November 22, 1961. The hearing was continued to and was held on January 5, 1962, and the motion was denied. The appeal is by defendant Lee Durbin from this order. Although no appeal was taken by the bail agent, the same questions it raised are here answered.

On the hearing, it was shown that Durbin had been arrested in Longview, Texas on August 19, 1961, for investigation of robbery and escaped that same day or the next day, masquerading as another prisoner; that he was again arrested in September 5, 1961, in Natchez, Mississippi and released on September 12 in connection with that arrest for bunko. He was again arrested in Memphis, Tennessee on September 22, 1961.…