People v. Russell

The defendants, principal and surety on a bail bond given at the Eighteenth Precinct Police Station House, claim that because it recites that the principal is held to answer the complaint of “ Sus. Person ” (an offense unknown to the law), the bond is void, and hence a judgment entered on a forfeiture thereof and an execution to collect the same must be vacated on their applicatibn. The claim is based on the argument that the principal was in custody upon a charge of what under the law was no offense at all, and that the arrest and detention were not only wrongful, but the whole proceeding…