The People v. . Tubbs

The referee has found as a fact that the defendant Byron P. Tubbs, the principal, was unable to appear at the term of the court at which he was by the alleged recognizance bound to appear, and at which for such non-appearance the said recognizance was estreated. And also that such inability was by reason of sickness and injuries arising from being thrown from a horse shortly prior to said term of the said court.

These facts we are not at liberty to question. The case is before us in a form permitting us to review questions of law only. (Code, §§ 268, 272.)

There was evidence in support of this…