People v. New Amsterdam Casualty Co.

DOOLING, J., pro tem.

Appeal from a judgment against the surety on a bail bond. The bail bond was furnished in the municipal court of the city of Los Angeles in a prosecution for a misdemeanor. The defendant failed to appear for trial and the bail bond was ordered forfeited.

Appellant contends that under section 1043 of the Penal Code the trial for a misdemeanor may be had in the absence of the defendant and hence the forfeiture was unwarranted. Since the taking of this appeal, however, it has been settled that Penal Code, section 1043, applies only to trials in the superior court and that…