Williams v. Jenkins
Supreme Court of Georgia
Criminal law. Bail. Bond. Before Judge Knight. Towns Superior Court. November Term, 1873. George W. Caradine entered into two recognizances with Edwin P. Williams as security, for his appearance at the superior court of Towns county to answer to two indictments, each for the offense of assault and battery. He failed to appear, and the bonds were forfeited. Executions issued and were levied upon the property of the security.
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Criminal law. Bail. Bond. Before Judge Knight. Towns Superior Court. November Term, 1873. George W. Caradine entered into two recognizances with Edwin P. Williams as security, for his appearance at the superior court of Towns county to answer to two indictments, each for the offense of assault and battery. He failed to appear, and the bonds were forfeited. Executions issued and were levied upon the property of the security. He moved to vacate the judgments upon the ground that a compromise was pending between him and the solicitor general at the time the rules absolute were entered. In…
1Opinion of the Court
McCay, Judge.
We see no good reason why this judgment should not be affirmed. The entry of the solicitor general that the costs were paid, “ the defendant having appeared in court,” is no discharge of the bond or satisfaction of the estreatment. The condition is'not only that he shall appear but that he shall not depart without leave of the court. There can be no discharge of the forfeited recognizance, but by the surrender of-the defendant into the custody of the court or its officers. The highest evidence of this is an entry on the minutes. There is no evidence here at all of a surrender…
2Cited by3 opinions
- Pittman v. DorseyCourt of Appeals of Georgia · 1920
- Jordan v. StateCourt of Appeals of Georgia · 1930
- Paris v. StateCourt of Appeals of Georgia · 1920