People v. Tremayne
Utah Supreme Court
Appeal from the third district court. The defendant was indicted in the court below for burglary. When arraigned, he pleaded “not guilty,” and his bail was fixed at one thousand dollars, which sum he deposited with the cleric in lieu of bail, in accordance with the provisions of section 403 of the criminal practice act, and thereupon he was discharged from actual custody.
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Appeal from the third district court. The defendant was indicted in the court below for burglary. When arraigned, he pleaded “not guilty,” and his bail was fixed at one thousand dollars, which sum he deposited with the cleric in lieu of bail, in accordance with the provisions of section 403 of the criminal practice act, and thereupon he was discharged from actual custody. At a subsequent term of the court the case was set for trial on a day certain, and when the case was reached for trial on that day the defendant did not appear iii person, but. was represented by the attorney who had…
1Opinion of the Court
Emerson, J.:
This appeal, prosecuted on the part of the defendant by his counsel, is from the order of the court forfeiting the money deposited in lieu of bail, upon the default of the defendant in not appearing when the case was called for trial; and from the ruling of the court in refusing to entertain the motion, to discharge the order of forfeiture, made by his counsel, while the defendant was still at large, a fugitive from justice, and without his having in any manner surrendered himself to the jurisdiction of the court subsequent to the order of forfeiture, and no excuse whatever being…
2Cases cited2 opinions
- People v. RedingerCalifornia Supreme Court · 1880
- People v. ClarkeCalifornia Supreme Court · 1872
3Cited by2 opinions
- State v. ScottSupreme Court of Kansas · 1905
- Heninger v. Ninth Circuit CourtUtah Supreme Court · 1987