Legal Opinion

State v. Eldred

Supreme Court of Alabama

Decided January 15, 1858PublishedCited by 9 opinions

Appeal from tbe Circuit Court of Macon. Tried before tbe Hon. Robebt Doughebtt. IN tbis case, an indictment having been found at tbe spring term, 1854, of tbe circuit court of Macon, against Geo.

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Appeal from tbe Circuit Court of Macon. Tried before tbe Hon. Robebt Doughebtt. IN tbis case, an indictment having been found at tbe spring term, 1854, of tbe circuit court of Macon, against Geo. N. Eldred and J. Robinson, for exhibiting, “ at tbe village of Union Springs in said county, a side show, without first having paid tbe license as by tbe statute made and providedtbe defendant Eldred, when arrested, gave bail for bis appearance at tbe next term of said court, to answer said indictment. Tbe undertaking of bail was conditioned for tbe defendant’s appearance at tbe next term of tbe…

1Opinion of the CourtWalker, J.

— The Code contains some new provisions, which are proper to be considered at the outset of this opinion. They are as follows :

“ § 8668. The taking of bail consists in the acceptance, by a competent court, magistrate, or officer, of the undertaking of sufficient bail for the appearance of the defendant, accoi’ding to the legal effect of his undertaking, or that he will pay to the State a certain specified sum.”
“ § 3678. The undertaking of bail hinds the parties thereto, jointly and severally, for the appearance of the defendant on the first day of the court, from day to day of such term, and…

2Cases cited4 opinions

  1. Browder v. StateSupreme Court of Alabama · 1846
  2. State v. WeaverSupreme Court of Alabama · 1850
  3. Hall v. StateSupreme Court of Alabama · 1849
  4. Williams v. StateSupreme Court of Alabama · 1852

3Cited by9 opinions

  1. Foster v. StateSupreme Court of Alabama · 1863
  2. Hanna v. StateSupreme Court of Alabama · 1877
  3. Peck v. StateSupreme Court of Alabama · 1879
  4. Holcombe v. StateSupreme Court of Alabama · 1892
  5. Keipp v. StateSupreme Court of Alabama · 1873

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