276 P. 352 | Cal. Ct. App. | 1929
THE COURT.
The above actions are between the same parties, involve the same questions and it was accordingly stipulated that the appeals be presented on the same record.
The following appears from the agreed statements of facts filed in the two cases: On February 4, 1924, there was filed in the justice's court of Los Angeles township in Los Angeles County a criminal action against Mary Bartodatto, wherein she was charged with the crime of pandering. She was arrested and her bail fixed in the sum of two thousand dollars, following which the defendants executed a bail bond in that amount, which was filed on February 5, 1924. Her preliminary hearing was regularly set for May 27, 1924, at which time the case was called and she failed to appear, whereupon the bond was declared forfeited. *690
While the criminal action was pending a civil proceeding in the federal court for her deportation was begun, the charge being that she had entered the United States in violation of the immigration law. She was arrested by officers of the immigration service, and upon giving a separate bond to the immigration service was released from custody. She was, in fact, a deportable alien, and prior to the forfeiture of the bond first mentioned a warrant for her deportation to Italy was issued. After the issuance of the warrant, but without having again been taken into custody, she departed from the state before the forfeiture of the bond involved in the present action and now resides in Italy.
On February 4, 1924, a charge of bribery was filed in the same justice's court against Dominico Bartodatto. He was arrested and released upon giving bail in the sum of two thousand dollars, this undertaking being also executed by the defendants. After a preliminary hearing he was held to answer, following which there was filed in the superior court of Los Angeles County an information charging him with the above crime. Thereafter his case was regularly called for trial, but he failed to appear, and on May 26, 1924, the latter bond was also declared forfeited. As was the case with Mary Bartodatto he was a deportable alien, and was charged by the immigration service with a violation of the immigration law. A bond was given in that proceeding and he was released from custody. A deportation warrant was subsequently issued, but being apprised of the fact and without again being taken into custody by the federal authorities he also returned to Italy before the forfeiture of the bond in the criminal proceeding and is now in that country.
It was stipulated in each case that the accused left the jurisdiction without the consent, connivance or knowledge of any of the defendants.
Actions were brought upon the forfeited bonds based upon the foregoing facts, and judgment for each case was entered for the defendants. Motions for new trials were denied and the plaintiff appealed, its contention being that the judgments are contrary to the law and the evidence.
[1] While the giving of bail as a general rule restores the accused to his freedom, technically he is considered as having been delivered into the custody of his sureties, who *691
are liable for his appearance in accordance with the terms of their undertaking (Taylor v. Taintor,
The record discloses no facts which support the conclusions of the trial court. The judgments are therefore reversed; the causes are remanded, and the trial court is directed to enter judgment in each case in accordance with the prayer of the complaint.