People v. Meyers

THE COURT.

This is an action brought by the district attorney of Alameda County in the name of the People of the state to recover against sureties the amount of a forfeited bail bond. On June 29, 1926, a complaint was made against Mrs. E.' W. Breed in the justice’s court of the city of Oakland, charging her with the violation of section 476 of the Penal Code, a felony. She was held to answer on October 11, 1926, and her bail was set at $1,000. Defendants furnished a bail bond in the language of section 1278 of the Penal Code, as it then read, the condition being expressed as follows: “We . . . hereby undertake that . . . Mrs. E. W. Breed . . . will appear and answer the charge above mentioned in whatever court it may be prosecuted, and will at all times render herself amenable to the orders and process of the court, and if convicted will appear for judgment, and tender herself in execution thereof; or if she fails to perform either of these conditions that we will pay to the people of the State of California the sum of One Thousand Dollars. ...” The bond was approved

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and Mrs. Breed was released. As she left the courtroom she was arrested on a similar charge under a warrant issued in San Francisco and placed in jail in that city. On February 19, 1927, she pleaded guilty to this latter charge and was sentenced to imprisonment in the county jail for twelve months. She commenced to serve this term. On March 26, 1927, the judge who had pronounced judgment made an' order suspending sentence, and directed that she be placed in the custody of the adult probation officer to be sent to Portland, Oregon. Although instructed to remain away from this state, she returned to San Francisco on May 9, 1927.

The time for arraignment on the Oakland charge was November 8, 1926. On that date the facts of incarceration in San Francisco being presented to the court, the arraignment was continued to November 24, 1926. A number of other continuances were made, some at the request of her counsel, others at the instance of the district attorney. The order on February 24, 1927, recited that Mrs. Breed was confined in the county jail of San Francisco, “serving a term of one year”. On July 7, 1927,, no appearance being made by Mrs. Breed, the court made an order forfeiting the bail, without mentioning any specific default. Thereafter this action was brought by the district attorney. The trial court gave judgment for the defendants on the ground that they “were prevented by operation of law from having the custody of said prisoner and that by reason thereof are exonerated from their obligation”. The judgment, in our opinion, was proper.