People v. Stuyvesant Insurance

Defendant was in court on February 2, 1962, on a criminal charge of commission of a felony. The trial was continued to March 7, 1962, and defendant was instructed to appear at that time. He failed to appear on March 7 and the court ordered his bail forfeited and a bench warrant to issue. The order was entered in the permanent minutes on March 12, 1962. Notice of the forfeiture was sent to petitioner bail on April 16,1962.

On July 9,1962,123 days after the forfeiture, the petitioner bail moved the court to set it aside and to reinstate and exonerate the bail. The affidavit supporting the motion states that, on February 8, 1962, defendant was booked in the Orange County Jail on a governor’s warrant from the State of Texas and thereafter was transported to San Antonio, Texas, in Bexar County, on February 10,1962.

On March 7, 1962, when he was required to appear in the superior court in this action he was in the custody of the Sheriff of Bexar County, Texas. On March 30, 1962, after the receipt of a telegram from the California authorities stating that this state had no charges against him, he was released from custody in Texas. Both criminal actions against defendant were…