State v. Schexneider

The opinion of the court was delivered by

McEnery, J.

The accused was indicted for horse stealing. He gave bond for his appearance. This bond was forfeited. On the last day of the term at which he was to appear he was surrendered by the surety on his bond.

The surety took a rule on the district attorney to show cause why the forfeiture should not be set aside. The rule was discharged. The surety appealed.

Pending this appeal the defendant was convicted and is now serving the sentence imposed upon him at hard labor.

*1446This fact appears from the certificate of the trial judge filed in this case.

The…