Tucker v. State
Mississippi Supreme Court
Error to the Circuit Court of Jasper County. Hon. A. G\ Mayers, Judge. Ennis Harrison, having been indicted for an' assault with intent to kill and murder, entered into a recognizance, with sureties for his appearance to answer the charge.. He forfeited his recognizance, and, after a judgment nisi and the issuance of a scire facias, a iinal judgment was rendered against him and his sureties.
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Error to the Circuit Court of Jasper County. Hon. A. G\ Mayers, Judge. Ennis Harrison, having been indicted for an' assault with intent to kill and murder, entered into a recognizance, with sureties for his appearance to answer the charge.. He forfeited his recognizance, and, after a judgment nisi and the issuance of a scire facias, a iinal judgment was rendered against him and his sureties. Thereupon S. M. Tucker, one of the sureT ties on the recognizance, sued out a writ of error. The variance between the recognizance and the scire facias is fatal to the judgment. Douthit v. The State, 1…
1Opinion of the CourtChalmers, J.
The recognizance bound the recognizor to appear at the May term, 1874, “ and to attend said court from day to day, and term to term, until regularly discharged.” He failed to appear at the September term, 1876, and'judgment nisi was taken against him and his sureties. The scire facias issued thereon recited a recognizance to appear and answer at the September term, 1876.
Undoubtedly the recognizance did bind the party to appear *454and answer at all terpis succeeding that to which it was returnable, until discharged by due course of' law; but while this was its legal effect, and while it is…
2Cases cited1 opinion
- Curry v. StateMississippi Supreme Court · 1872
3Cited by1 opinion
- Pounds v. StateMississippi Supreme Court · 1883