People v. Fidelity & Deposit Co.

On July 16, 1926, one C. H. Wadsworth was held to answer after a preliminary examination on a felony charge. His bail was fixed at $500. On July 21, 1926, the defendant surety company furnished an undertaking in the sum of $500, which was approved by a judge of the superior court, and the said Wadsworth was released from custody. The condition of said bond is as follows:

Thereafter, said Wadsworth entered a plea of not guilty, but later, on October 25, 1926, he entered a plea of guilty, waived time and applied for probation. Pending a report and hearing on this application, said defendant was allowed to remain at liberty. The hearing on said application for probation was regularly continued, from time to time, until February 26, 1927, and the said Wadsworth having failed to appear at that time, after due proceedings, said bond was regularly declared forfeited and this action was brought thereon. In its answer the defendant surety company set up as a defense that when the said Wadsworth appeared in the superior court, pleaded guilty and asked for probation, the liability of the bonding company was at an end; and that it was unaware of the release of Wadsworth after conviction, and…