Harry Bennett v. United States

JOHNSEN, Senior Circuit Judge.

This appeal seeks to have set aside the judgment of forfeiture made as to appellant Bennett’s original appearance bond in the criminal proceedings involved in Bennett v. United States, 8 Cir., 368 F.2d 1, in which we have concurrently filed opinion reversing the conviction. The bond was in the amount of $2,500.00.

Bennett, who lived in Biloxi, Mississippi, failed to appear in Des Moines, Iowa, at the time that the criminal charges pending against him and his two co-defendants had been set for trial. The Court ordered forfeiture of his appearance bond, and later,…