Foster v. State

IRWIN, Justice.

This appeal involves the forfeiture of a bail bond in a criminal proceeding. The *279bond was executed by Harlan Dale Sharp as the defendant-principal and H. C. Foster (appellant) as surety.

On October 23, 1972, defendant Sharp appeared in the criminal proceeding, pled “not guilty”, and hearing was set for December 12, 1972, at 9:30 A. M. On December 12, 1972, Sharp did not appear; no lawful reason was offered to excuse his absence; and the bond was ordered forfeited. Surety appealed from the subsequent order of the district court overruling his motion to set aside the forfeiture.

The…