State v. Fong

Citations

• 79 Wash. 68
• 139 P. 647
• 1914 Wash. LEXIS 1139

Syllabus

<p>Bail — Forfeiture. The forfeiture of bail should be vacated, where it appears that the accused, a Chinaman, was advised by his counsel, two days before the trial, that the cause wouid be dismissed because not brought to trial within sixty days, and that he need not appear, from which he understood that he had been acquitted and was free, and as soon as he learned that the bail was forfeited, he surrendered himself, and furnished new bail, and the case was dismissed without prejudice on motion of the prosecuting attorney before passing upon accused’s application for the vacation of the forfeiture.</p> <p>Same — Teems. In such a case, the dismissal of the case because witnesses had1 left the jurisdiction of the court, is not ground for refusal to vacate the forfeiture of bail, but only for the imposition of reasonable- terms, relating to the expenses of the state.</p>