Maga

The above actions are between the same parties, involve the same questions and it was accordingly stipulated that the appeals be presented on the same record.

The following appears from the agreed statements of facts filed in the two cases: On February 4, 1924, there was filed in the justice’s court of Los Angeles township in Los Angeles County a criminal action against Mary Bartodatto, wherein she was charged with the crime of pandering. She was arrested and her bail fixed in the sum of two thousand dollars, following which the defendants executed a bail bond in that amount, which was filed on February 5, 1924. Her preliminary hearing was regularly set for May 27, 1924, at which time the case was called and she failed to appear, whereupon the bond was declared forfeited.

While the criminal action .was pending a civil proceeding in the federal court for her deportation was begun, the charge being that she had entered the United States in violation of the immigration law. She was arrested by officers of the immigration service, and upon giving a separate bond to the immigration service was released from custody. She was, in fact, a deportable alien, and prior to the forfeiture of…