State v. Bordelon

Citations

• 113 La. 21
• 36 So. 874
• 1904 La. LEXIS 608

Syllabus

<p>CRIMINAL LAW — APPEARANCE BOND — FORFEITURE — SETTING ASIDE.</p> <p>1. Defendant failing to appear when his case was called on the 2d of April, 1903, the day it was assigned for trial, the appearance bond which he had furnished for his appearance was forfeited, and judgment immediately rendered against him and his surety. On the 6th of April — within five days of the rendering of the judgment- — on his entering the courthouse he was arrested by the sheriff under a warrant in his hands. He applied at once through his attorney for a trial of his case and the setting aside of the judgment, but, the jury having been already discharged, no trial could then be had, and the prayer for the setting aside of the judgment was refused. He was permitted, however, to give a new appearance bond, and the case went over to another term. At a later term he appeared, and was tried and_ acquitted. He and his surety renewed their application for a setting aside of the judgment. The application was denied, and they appealed.</p> <p>Held, the ruling of the district court was correct. The parties had not brought themselves under the terms of the remedial statutes which they invoked. Sections 1032 and 1033 of the Revised Statutes, as amended by Act No. 17, p. 23, of 1900. Not only had this defendant failed to appear under the terms of this bond, but at the time of such default he was, in violation of one of the conditions of the bond, outside of the jurisdiction of the court without leave. He had never been surrendered by his surety, nor was his appearance a voluntary one.</p> <p>(Syllabus by the Court.)</p>