Evans v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. John Henderson. The record in this case shows that, on a preliminary examination before a justice of the peace of said county of Cullman, Josiah Evans, charged with burglary, was committed to the custody of the jailor; the order of commitment directing the jailor to “detain him until he is legally discharged.”
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Appeal from the Circuit Court of Cullman. Tried before the Hon. John Henderson. The record in this case shows that, on a preliminary examination before a justice of the peace of said county of Cullman, Josiah Evans, charged with burglary, was committed to the custody of the jailor; the order of commitment directing the jailor to “detain him until he is legally discharged.” There being no jail in said county, the prisoner was committed to the custody of the sheriff of Blount county; and that officer admitted him to bail a few days after-wards, in the sum of one thousand dollars, with William…
1Opinion of the CourtStone, J.
The defendant was committed to jail by a committing magistrate, on a charge of burglary. The offense was and is bailable; but the magistrate failed to indorse on the warrant of commitment the amount of bail required. Code of 1876, § 4684. Without this indorsement, the sheriff was without authority to take the bail-bond; and under all our decisions, no valid judgment can be rendered on such foríeitéd bond. — 1 Brick. Dig. 206, § 106; Antonez v. The State, 26 Ala. 81; Nat Gray v. The State, 43 Ala. 41. See, also, Callaban v. The State, 60 Ala. 65, and authorities there cited. The language of…
2Cases cited3 opinions
- Callahan v. StateSupreme Court of Alabama · 1877
- Antonez v. StateSupreme Court of Alabama · 1855
- Gray v. StateSupreme Court of Alabama · 1869
3Cited by1 opinion
- Ex parte CrewsAlabama Court of Appeals · 1915