People v. Carpenter
California Supreme Court
Appeal from the District Court of the First Judicial District, County of Los Angeles. This was an action in the Court below upon a forfeited recognizance. Alfred Shelly was indicted for manslaughter, and admitted to bail in the sum of twenty-five hundred dollars. On the trial of the cause he failed to appear. The defendants, as sureties upon the undertaking, demurred to the complaint, for the following causes: First, Because the suit was not ordered to be brought.
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Appeal from the District Court of the First Judicial District, County of Los Angeles. This was an action in the Court below upon a forfeited recognizance. Alfred Shelly was indicted for manslaughter, and admitted to bail in the sum of twenty-five hundred dollars. On the trial of the cause he failed to appear. The defendants, as sureties upon the undertaking, demurred to the complaint, for the following causes: First, Because the suit was not ordered to be brought. Second, Because the recognizance does not show in what Court the prisoner is bound to appear; and Third, That the affidavit of the…
1Opinion of the CourtMurray, C. J.
The demurrer was frivolous, and should have been overruled. The five hundred and thirty-seventh section of the Criminal Code provides that the district-attorney may, at any time after the adjournment of the term of Court at which the recognizance is declared forfeited, proceed against the bail.
In answer to the second ground of demurrer, it may be remarked that it was unnecessary for the bond to set forth the particular Court'in which it was the duty of the party to appear. The law has provided in what Court such offences are triable, and the law entered into and formed a part of the…
2Cited by6 opinions
- Murdock v. BrooksCalifornia Supreme Court · 1869
- La Grotta v. United StatesCourt of Appeals for the Eighth Circuit · 1935
- State v. MurphyNevada Supreme Court · 1897
- Joelson v. United StatesCourt of Appeals for the Third Circuit · 1923
- West v. StateSupreme Court of Florida · 1915
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