People v. Maldonado

This is a motion to vacate a judgment based on an alleged bail bond forfeiture. The surety movant contends that at the time of the alleged forfeiture on May 21, 1965, it was no longer on the bond as a matter of law, and it is not moving for remission of forfeiture pursuant to sections 597 and 598 of the Code of Criminal Procedure.

The facts are not in dispute and they are:

The defendant was indicted on January 15, 1965. He was released in bail of $10,000, furnished by the movant on January 29, 1965. He failed to appear on April 1, 1965; a bench warrant was issued and the bail declared…