Campbell v. State

Action on a recognizance entered into by Campbell, Barkhizer and McKinney, conditioned for the appearance of McKinney before the same Court, on, &c., to answer to an indictment preferred against him for rape, and that he would abide the judgment and orders of the Court thereon, and not depart without leave.

McKinney was tried and acquitted of the alleged rape, but •convicted of an assault and battery with intent to commit a rape. Pending a motion for a new trial in the cause, McKinney was called, and failing to appear, and his sureties failing to produce him, the recognizance was adjudged to…