Connor v. People
Supreme Court of Colorado
Appeal from District Court of Bent County. Debt upon a forfeited recognizance. One Keene was arrested on a charge of grand larceny in Bent county, and taken before a justice of the peace on the 2d day of February, 1877. The justice took his recognizance with Con-nor and others, as sureties for his further appearance on February 8th. Keene failed to appear upon the day designated, and the justice noted the default upon his docket.
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Appeal from District Court of Bent County. Debt upon a forfeited recognizance. One Keene was arrested on a charge of grand larceny in Bent county, and taken before a justice of the peace on the 2d day of February, 1877. The justice took his recognizance with Con-nor and others, as sureties for his further appearance on February 8th. Keene failed to appear upon the day designated, and the justice noted the default upon his docket. In the declaration filed in the district court, it was alleged ■that the recognizance “having been feloniously stolen, taken and carried away by some person or…
1Opinion of the CourtElbert, J.
The recognizance in this case was taken under § 95, R. S., p. 417, for the appearance of the accused at a future day for further examination before the justice. The accused made default. In such case, § 96, R. S., p. 417, provides that it shall be the duty of the justice “to note the default upon the record and certify the recognizance with the record of the default in the performance of the conditions thereof, to the district court of his county, that a scire facias may issue thereon, or an action of debt be brought for the penalty.”
It is claimed that this certification of the recognizance…
2Cases cited2 opinions
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- People v. Van EpsNew York Supreme Court · 1830
3Cited by5 opinions
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