Whitener v. State

HENDERSON, Junes,

Dissenting. I concur in all of the opinion of the court except that portion which holds that our statute authorizes a surety to surrender his bail by making affidavit and procuring process to another county, and do not believe that the statute gives this authority. Article 318 unquestionably provides for a surrender in the county of the prosecution. Does article 321 authorize the surety to send a writ for his principal beyond the county of the prosecution, and authorize his capture and detention in such other county, or his being brought back by the sheriff to the county of…