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473 P.2d 241

Boice v. State

Supreme Court of Oklahoma

Decided July 21, 1970

Supreme Court of Oklahoma · decided 1970-07-21

Good law ✅— No negative treatment on recordhow we know

Decided 1970-07-21

How this case has been cited

Cited by 10 later decisions — most recently August 2017

10 state decisions

6019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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McINERNEY, Justice

¶1(concurring specially).

¶2I concur in the result stated in the majority opinion. The same result is, and should be, reached, in my opinion, by *248applying 59 O.S.Supp.1965, §§ 1301 et seq., without consideration or discussion of the 1910 enactment, carried forward as 22 O. S.1961, § 1108. The 1965 Act on the specific subject considered in the opinion is a later comprehensive act encompassing completely the regulation of bail bonds for crimes, including forfeitures of bail bonds. I believe 22 O.S.1961, § 1108 is, therefore, inapplicable, and that 59 O.S.Supp.1965, §§ 1330, 1332 control disposition of the issues raised. The conclusion of the majority opinion is correct when viewed in light of the 1965 Act, Bail Bondsmen and Runners, 59 O.S.Supp., §§ 1301 et seq.

IRWIN, Chief Justice

¶3(concurring specially).

¶4Although the parties do not suggest or urge that there is any material distinction between “appear and satisfactorily excuse his neglect” and “showing of good cause”, I deem it appropriate to set forth in this specially concurring opinion my views on the matter.

¶5Under the provisions of 22 O.S.1961, Sec. 1108, and after an order of forfeiture of a bond has been entered, if at any time before the final adjournment of court the defendant or his bail appear and satisfactorily excuse his neglect (to appear at the scheduled time) the court may direct the forfeiture to be discharged upon such terms as may be just.

¶6fn so far as pertinent to the case at bar, under the provisions of 59 O.S.Supp.1969, Sec. 1332(3), if the defendant is surrendered to custody of the sheriff or court wherein the forfeiture has been ordered within thirty days from the date of the order of forfeiture, the court, upon the motion of the defendant or the bondsman shall set aside the forfeiture for good cause shown and upon proof that there has been no previous forfeiture of bond in the case at issue.

¶7In my opinion, there is no material distinction between the language “satisfactorily excuse his neglect” as employed in Sec. 1108, supra, and a showing of “good cause” as employed in Sec. 1332(3) supra. In other words, what would or would not constitute “satisfactorily excuse his neglect” also would or would not constitute a showing of “good cause”.

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