People v. Rolley

This appeal requires construction of an ambiguous code section governing relief from forfeiture of bail (Pen. Code, § 1305). Following Rolley’s indictment and arrest, bail bond of $4,200 was posted by the surety company which is respondent here. Rolley failed to appear for trial December 21, 1962, and on that day his bail was ordered forfeited. He was arrested by federal authorities in Albuquerque, New Mexico, February 9, 1963, and remains in federal custody. Motion to discharge the forfeiture was made February 28. The trial record is not clear, but it is now agreed that the motion was made…