STATE v. ZYLSTRA

No. 60522.

263 N.W.2d 529 (1978)

STATE of Iowa, Appellee, v. Herman Paul ZYLSTRA, Appellant, and Peter Kuipers, Appellant.

Supreme Court of Iowa.

March 22, 1978.


Attorney(s) appearing for the Case

Freeman G. Merrill, Sheldon, for appellants.

Richard T. Smith, County Atty., for appellee.

Considered by MOORE, C. J., and REES, UHLENHOPP, HARRIS and McCORMICK, JJ.


MOORE, Chief Justice.

Defendant and surety appeal trial court's refusal to set aside a judgment forfeiting bail. They contend the court erred in holding that defendant's "waiver of extradition" executed in Texas did not constitute a "voluntary surrender" as contemplated by our bond remission statute, section 766.6. We affirm.

The relevant facts were stipulated by the parties as follows. Defendant, Herman Paul Zylstra, was convicted by an O'Brien County jury...

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