Dunlap v. State
Supreme Court of Arkansas
This is a suit brought on a forfeited bail bond. Defendant, Dunlap, in his answer sets up two defenses. In the first paragraph he states that C. F. Aycock, who was treasurer of Boone county, was indicted five times during the January¡term, 1895, of the Boone circuit court; that during the term a warrant was issued for his arrest in one case; that he was brought into court on said warrant during said term, and the court ordered him to enter into recognizance in open court;…
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This is a suit brought on a forfeited bail bond. Defendant, Dunlap, in his answer sets up two defenses. In the first paragraph he states that C. F. Aycock, who was treasurer of Boone county, was indicted five times during the January¡term, 1895, of the Boone circuit court; that during the term a warrant was issued for his arrest in one case; that he was brought into court on said warrant during said term, and the court ordered him to enter into recognizance in open court; that he failed to do so, but during said term, without an order of the court, the sheriff of said county took the bond in…
1Opinion of the CourtBattle, J.
Appellant contends that the judgment rendered against him should be reversed for the following reasons:
Mrst. Because the bail bond upon which this action is based was executed before the sheriff had authority to accept it.
Second. Because Aycock, the person for whom he became bail by the execution of -said bond, was in custody at the time of his escape.
Third. Because there was no consideration for the bond, Aycock never having been discharged from the custody of the sheriff.
We will consider these contentions in the order named.
Mrst. The recitals in the bond show that C. F. Aycock, the person…
2Cases cited1 opinion
- Havis v. StateSupreme Court of Arkansas · 1896
3Cited by4 opinions
- County of Los Angeles v. MagaCalifornia Court of Appeal · 1929
- Rogers v. StateCourt of Criminal Appeals of Texas · 1912
- Liberty Bonding Co. v. StateSupreme Court of Arkansas · 1980
- People v. GlumbMichigan Court of Appeals · 1972