Commonwealth v. Overby
Court of Appeals of Kentucky
Case 39 — BAIL BOND — APPEAL FROM CHRISTIAN CIRCUIT COURT. The Commonwealth had jurisdiction of the offense, and having assumed the power to try the defendant for counterfeiting, she cannot after-wards he divested of it by the United States authorities assuming jurisdiction of the same offense.
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Case 39 — BAIL BOND — APPEAL FROM CHRISTIAN CIRCUIT COURT. The Commonwealth had jurisdiction of the offense, and having assumed the power to try the defendant for counterfeiting, she cannot after-wards he divested of it by the United States authorities assuming jurisdiction of the same offense. (Commonwealth v. House, 13 Bush, 679.) 1. At the time the bail bond was forfeited the principal, John H. Overby, had been arrested by the United States authorities, and was in their custody upon the identical charge made against him by the Commonwealth. 2. Inasmuch as appellee was prevented from…
1Opinion of the CourtChief Justice Lewis
On the 19th of November, 1880, appellee executed a bail bond for the appearance of John H. Overby in the Christian circuit court at its ensuing February term to answer the charge of passing a counterfeit United States treasury note; but the defendant having failed to appear, the bond was forfeited, and summons issued against appellee.
*209. In his response he alleged the following facts which are: conceded: That on the day following the execution of the-bail bond, Overby was arrested by an officer of the United States, and carried before a United States commissioner, and by him held to appear and…
2Cases cited2 opinions
- Commonwealth v. HouseCourt of Appeals of Kentucky · 1878
- Commonwealth v. WebsterCourt of Appeals of Kentucky · 1866
3Cited by12 opinions
- Yarbrough v. CommonwealthCourt of Appeals of Kentucky · 1889
- Briggs v. CommonwealthCourt of Appeals of Kentucky · 1919
- Miller v. CommonwealthCourt of Appeals of Kentucky · 1921
- People Ex Rel. Nugent v. Board of Police CommissionersNew York Court of Appeals · 1889
- Public Service Mutual Insurance Company v. StateDistrict Court of Appeal of Florida · 1961
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