State v. Rush

CLEMENS, Judge.

Defendant-surety appeals from the forfeiture of its $2,500 bond. The surety gave the bond to secure Gordon Rush’s presence in the St. Louis Court for Criminal Causes to answer a charge of illegally possessing narcotic drugs. Rush failed to appear when required. In due time the forfeiture and this appeal followed.

Defendant-surety contends Rush failed to appear here because he was in custody in Minnesota on a Federal bank robbery charge of which he was later convicted and imprisoned. Defendant-surety’s only Point Relied On: “May the State upon being appraised the defendant is in…