People v. Smith

On December 27, 1963, defendant William J. Smith was arraigned on the charge of grand theft, entered a plea of not guilty, and was given the trial date of February 24, 1964. When defendant failed to appear on that date, the court ordered his bail forfeited and said order was regularly entered in the minutes. On May 25, 1964, 90 days having elapsed, the court ordered a final forfeiture of bail.

On June 26, 1964, defendant filed a motion for an order setting aside the forfeiture of bail. In support of said motion, defendant filed the declaration of his attorney to the effect that he had examined…