The People v. Evanuk

The sole question presented for decision in this case is the constitutionality of the amendment of 1923 to section 17 of division 3 of the Criminal Code. Prior to the amendment the section provided the procedure for forfeiting a recognizance in a criminal case and for a hearing before entry of the final judgment. It then provided: “Before judgment, the court may, in its discretion, set aside such forfeiture, upon the accused being brought or coming into open court, and showing to the court, by affidavit, that he was unable to appear in court according to the terms of the recognizance, by…