People v. Stuyvesant Insurance

In two closely parallel cases, the Stuyvesant Insurance Company appeals from orders denying its motions to exonerate bail bonds undertaken by it and to vacate the forfeiture thereof.

James Watson and Irvin Dashielis were charged, by separate informations, with possession of marijuana (Health & Saf. Code, § 11530) and possession of narcotics paraphernalia (Health & Saf. Code, § 11555). Each defendant was admitted to bail and appellant gave bond for theiT *413 appearance. Each undertaking provided that, should the court order forfeiture, judgment could be taken summarily against appellant in the amount of the undertaking. Watson and Dashielis both failed to appear as required, the court declared the bonds forfeit, and the bondsman who had executed the undertakings in behalf of appellant was apparently so advised by the clerk of the court. Appellant thereupon moved the court to vacate the forfeitures and exonerate the bonds, on the stated ground that “the failure of the defendant herein to appear was excusable or was without the connivance or collusion of his bail.”

At the hearing on .the motion, appellant advanced a new idea, asserting that the statutory requirements of…