Boice v. State

LAVENDER, Justice:

This appeal, by the surety on an appearance bond for the defendant in a criminal action, Richard E. Finch, involves two orders of the district court overruling two separate motions by the surety to vacate that court’s order and judgment declaring the bond forfeited for failure of the defendant to appear on the date prescribed by the court for judgment and sentence.

The defendant and his attorney appeared on the date set for the trial of the defendant on the criminal charge involved in the bond (burglary in the second degree), waived trial by jury, and the court accepted the…