State v. Bordelon

Citations

• 111 La. 105
• 35 So. 476
• 1903 La. LEXIS 500

Syllabus

<p>CRIMINAL LAW—BOND—FORFEITURE—SETTING . ASIDE. '</p> <p>1. Defendant’s bond waá forfeited, and judgment accordingly entered. Defendant failed prior to forfeiture to inform the court of any reason for his absence when his case was called for trial.</p> <p>2. Defendant returned within the five days after the forfeiture had been entered, and after the jury, for the term, had been discharged (he was not delivered by his surety), and was taken in custody by the sheriff. He asked to have the forfeiture set aside.</p> <p>3. The trial judge properly refused to entertain application, in view of time at which presented. He has not been tried. “The judgment so rendered may at any time after rendition thereof, be set aside upon the appearance and trial and conviction or acquittal of or on a continuance for the attorney representing the state.” Act No. 17 of 1900, p. 24.</p> <p>This law has not been complied with. It follows that application cannot be granted.</p> <p>(Syllabus by the Oourt.)</p>