Shreeve v. State
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile. Sci. fa. on a recognizance. The judgment is one of nil idicit, after the return of -two nihils against Knapp, and after personal service on Shreeve.
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Writ of Error to the Circuit Court of Mobile. Sci. fa. on a recognizance. The judgment is one of nil idicit, after the return of -two nihils against Knapp, and after personal service on Shreeve. The judgment nisi recites that on the 29th of April, 1843, the defendant Shreeve, and A. P. Knapp as his surety, entered into -bond, &c. conditioned that Shreeve should make his appearance, &c. at, &c. to answer to the State of Alabama on a charge of retailing, and being called, came not; wherefore it was considered, &c. The indictment -set out in the record is for retailing spirituous liquors…
1Opinion of the CourtGoldthwaite, J.
1. The penal code directs that when the offence for which 'the party is arrested is a misdemeanor, it shall be the duty of -the sheriff to take his recognizance, with sufficient sureties, in such sum as the character of the prosecution may require; also that the officer taking the recognizance shall file the same with the clerk of the circuit court of the county in which the indictment was found, previous to the first day of the next term of the court. [Digest, 461, 5, 6.] The duty thus imposed is not confined to the sheriff in person, but, in common with other official acts, may be performed…
2Cases cited1 opinion
- Hall v. StateSupreme Court of Alabama · 1846
3Cited by2 opinions
- Richardson v. StateSupreme Court of Alabama · 1858
- Christian v. MeigsSupreme Court of Alabama · 1923