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UMATILLA COUNTY v. RESOLUTE INSURANCE COMPANY

493 P.2d 731 (1972)

UMATILLA COUNTY, Respondent, v. RESOLUTE INSURANCE COMPANY, a Rhode Island Corporation, Appellant.

Court of Appeals of Oregon, Department 1.

Decided February 4, 1972.

Attorney(s) appearing for the Case

Alex M. Byler, Pendleton, argued the cause for appellant. On the briefs were Corey, Byler & Rew, Pendleton.

R.P. Smith, Dist. Atty., Pendleton, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

SCHWAB, Chief Judge.

ORS 140.610 provides, with regard to bail, that:

"If, without sufficient excuse, the defendant fails to appear * * * upon any * * * occasion when his presence in court is lawfully required * * * bail * * * is thereupon forfeited." (Emphasis supplied.)

The question on appeal is: When a criminal defendant, free on bail, is convicted and imprisoned in a foreign state, and because of the imprisonment does not appear before...

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