State v. Whitley
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Geo. Goldthwaite. The record in this case shows that, on the 13th December, 1865, James A. Whitley was arrested on a charge of grand larceny, and was carried before a justice of the peace for examination; that the justice took from him a recognizance, or undertaking of bail, with W. P. Whitley and W. P. Bullock as his sureties, the condition of which was, “that the said James A. Whitley appear at the next term…
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. Geo. Goldthwaite. The record in this case shows that, on the 13th December, 1865, James A. Whitley was arrested on a charge of grand larceny, and was carried before a justice of the peace for examination; that the justice took from him a recognizance, or undertaking of bail, with W. P. Whitley and W. P. Bullock as his sureties, the condition of which was, “that the said James A. Whitley appear at the next term of the circuit court of Lowndes county, and from term to term thereafter, until discharged by law, to answer any…
1Opinion of the CourtJudge, J.
Section 3679 of the Code provides, that an undertaking of bail is “forfeited by the failure of the defendant to appear, although the offense, judgment, or other matter, is incorrectly described in such undertaking; the particular case, or matter to which the undertaking is applicable, being made to appear to the court.”
The undertaking of bail relied on in this case stipulated that James A. Whitley should appear at the then next term of the circuit court of Lowndes county, and from term to term thereafter, until discharged by law, “ to answer to any indictment found against him.” There is no…
2Cases cited2 opinions
- State v. EldredSupreme Court of Alabama · 1858
- Vasser v. StateSupreme Court of Alabama · 1858
3Cited by1 opinion
- State v. FullerSupreme Court of Alabama · 1900