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McCrosky v. State
Citations: 235 Ark. 629; 361 S.W.2d 266; 1962 Ark. LEXIS 633Docket: 5-2790
Court: Supreme Court of Arkansas; October 29, 1962; Arkansas; State Supreme Court
On January 6, 1961, Mary Lou Henson was charged with first-degree murder, and subsequently indicted for second-degree murder by the Craighead County Grand Jury on April 16, 1961. She was released on a $5,000 bail-bond. The trial was set for November 14, 1961, but Henson did not appear on either November 13 or 14. The prosecuting attorney moved for forfeiture of the bond, which the court granted, issuing a summons for Henson and her bondsman to show cause within twenty days. After a hearing, the court reduced the forfeiture to $2,500. Henson and her bondsman appealed, arguing the trial court abused its discretion by not waiving more of the forfeiture. Under Arkansas Statutes 43-724 and 43-729, the court may discharge forfeiture if the defendant appears and provides a satisfactory excuse. The facts indicated that Henson’s attorney believed she would appear as scheduled, but learned just before the trial that she had left for Chicago. After failing to locate her, the bondsman hired a private detective who found her in Chicago, but she returned to Arkansas shortly thereafter. Henson was eventually taken into custody and returned to court two days after the scheduled trial. Evidence suggested she did not intend to evade her court appearance but had traveled to Chicago to secure funds for her attorney's fees. In April of the following year, Henson was acquitted of the charges. The bondsman promptly acted to bring the defendant to court after her absence, accomplishing this three days post-convening and two days before trial. He incurred expenses of $912.20 for her production, excluding a detective's fee from Memphis to Chicago. The total costs attributed to the defendant’s failure to appear, including her jail time over 170 days, amounted to no more than $780.00. The overall costs due to her absence, including the bondsman's expenses, exceed $2,000.00. The court concluded that the defendant and her bondsman should not face penalties exceeding the reimbursement necessary for the county's losses. Citing Central Casualty Co. v. State, it was noted that judicial discretion should be exercised fairly based on case specifics. Consequently, the judgment was modified to $780.00 and affirmed, with costs assessed against the appellants.