Simpson v. Commonwealth

It seems to this court, that the circuit court erred in overruling the demurrer to the scire facias.

First. The scire jadas does not show, that the recogni-sanee had been returned to the circuit court as required by law. Madison vs. The Commonwealth, 2 Mar. 132., . . . ... . Second, l he recognisance contains a condition, that it should be void if the principal should appear in the circuit court to answer “the charge herein,” and gives no other description of the charge.

The scire facias states that it was a charge .of felony, This apparent variance cannot be corrected by refer-rence to any…