State v. Kaercher

LEMMON, Justice.

This matter comes before the court on an application for certiorari filed by the surety on a bail bond issued shortly after defendants’ arrest. We granted the application to review a judgment forfeiting the bond when the defendants, who had appeared for trial and for sentencing, failed to appear for execution of their sentences.

After their arrest the two defendants were released on June 8, 1977 under bail bonds of $100,000 and $75,000 furnished by Allied Fidelity Insurance Company. Because the amount of each bond exceeded the underwriting authority of Wayne Diaz, Allied’s…