State v. Brown
Supreme Court of Iowa
Appeal from Lee District Court. On tbe 18th day of January, 1862, John F. Brown was held to bail by a magistrate of Lee county to answer to a charge of grand larceny.
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Appeal from Lee District Court. On tbe 18th day of January, 1862, John F. Brown was held to bail by a magistrate of Lee county to answer to a charge of grand larceny. The defendants became his sureties in a recognizance, conditioned as provided by the Bevision, § 4968, as follows: “ That the said John F. Brown shall appear- at the District Court of the county of Lee, at the. next term thereof at Fort Madison, Iowa, and answer said charge, and abide the orders and judgments of said Court, and not depart without leave of the same; or if he fail to perform either of these conditions, we will pay…
1Opinion of the CourtCole, J.
At common law the conditions of a recognizance of bail were, that the accused should appear at the place of trial, and answer the charge against him. 1 Chitty’s Crim. Law, 103. The apparent conflict of authority cited by the respective counsel in this case, grows out of the fact, that each State has, by statute, provided the conditions of the recognizance of bail; and the cases cited simply define the extent of the obligation under the particular statute or practice involved. The conflict is, therefore, only seeming, not real.
Under our statute, Rev., § 4968, the conditions of the bond are,…
2Cases cited4 opinions
- People v. BlankmanNew York Supreme Court · 1837
- People v. HunterCalifornia Supreme Court · 1858
- State v. KlingmanSupreme Court of Iowa · 1862
- People v. HainerCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by15 opinions
- State v. MerrihewSupreme Court of Iowa · 1877
- Knight v. State Ex Rel. HenrySupreme Court of Oklahoma · 1913
- State v. ZimmermanSupreme Court of Iowa · 1900
- State v. BenzionSupreme Court of Iowa · 1890
- State v. TiemanSupreme Court of Iowa · 1874
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