Carter v. State
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. Hon. R. B. Rutherford, Circuit Judge. Wright, to whom appellant surrendered Spain, was a Deputy Sheriff. Falconer, the Sheriff, had not qualified under his new election. As to the sufficiency of the surrender see Sternberg v. State, 41 ArJc. Wright, was not a Deputy Sheriff, and the surrender to him of Spain was not a delivery to the Sheriff or jailor.
1Opinion of the CourtEakin, J.
Appellant was surety in a bail bond of one Spain, charged with a misdemeanor. Spain failed to appear in accordance with its terms. The bond was declared forfeited and the State proceeded by the statutory mode against the surety. Carter pleaded a delivery of the prisoner to the Sheriff with copy of the bail bond. The case was submitted to the court, and it was shown on trial that appellant had delivered the prisoner according to law to a deputy, or supposed deputy of the Sheriff, on the 31st day of October, at a place ten miles distant from the County sité. The receipt for the prisoner was…
2Cited by4 opinions
- Craig v. StateSupreme Court of Arkansas · 1974
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- Abbott v. NormanSupreme Court of Arkansas · 1918
- Hester v. StateSupreme Court of Arkansas · 1920