Carroll

Application for writ of certiorwri.

From the petition it appears that on or about April 22,1923, one Charles Johnson was arrested in San Francisco charged with the commission of a certain misdemeanor. Thereafter and on the following day he was admitted to bail in the sum of one hundred dollars and petitioner herein furnished and deposited this amount with the bond and warrant clerk of such city. On April 25th the case was called for trial and defendant appeared with his counsel and answered ready. The matter was continued on such day, and thereafter and from time to time until the eighteenth day of May, 1923, when, the defendant having failed to appear, the police judge, over the objection of petitioner herein, declared the bail forfeited and ordered that a bench-warrant issue for the arrest of the defendant.

It is claimed that the judge exceeded his jurisdiction and authority in ordering the bail so furnished by the petitioner to be forfeited, for the reason that he was defendant’s counsel and that he represented him when the case was called for trial, and, the charge being a misdemeanor, it was not incumbent upon defendant to be personally present, the court having full…