State v. West

We granted writs to consider whether a timely filed motion to set aside a judgment of bond forfeiture should be defeated solely because the supporting evidence was not produced within the six month period prescribed by law. Finding that the timely commencement of proceedings to vacate the judgment satisfied the time limitation, we reverse the denial of the motion.

On January 29, 1979, relator David West and three other men were arrested in DeSo-to Parish on charges of conspiracy to distribute marijuana, La.R.S. 40:979, and possession of marijuana with intent to distribute, La.R.S. 40:967; and…