Robinson v. State
Supreme Court of Alabama
Writ of Error to tho Circuit Court of Barbour. Allen V. Robinson was indicted at the term of the circuit court of Barbour, holdcn in October, 1840, for betting at a faro bank, and a capias was thereupon issued to Macon, which was executed by arresting the defendant therein, who entered into a recognizance, with John W. Hinson, Thomas S. Woodward, ffm.
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Writ of Error to tho Circuit Court of Barbour. Allen V. Robinson was indicted at the term of the circuit court of Barbour, holdcn in October, 1840, for betting at a faro bank, and a capias was thereupon issued to Macon, which was executed by arresting the defendant therein, who entered into a recognizance, with John W. Hinson, Thomas S. Woodward, ffm. C. Gilder, W. F. Baldwin and S. G. Devereux as his sureties, conditioned for his appearance at the circuit court of Barbour, on the third Monday in March, 1841, to answer to the indictment, &c., against him. Robinson not appearing, a formal…
1Opinion of the CourtCollier, C. J.
In Chiles v. Beal, [3 Ala. Rep. 26,] which was a proceeding by scire facias against bail in a civil case, this court held, that although the bail bond was a record, yet it could not be looked to for the purpose of defeating the judgment below; that if there was a variance between the bond actually executed and that described in the scire facias, the proper mode of taking advantage of it, was by a plea of nul tiel record concluding with a prayer that the same might be inspected by the court; and that a demurrer in such a case would not avail the defendants, because the record mis-recited, does…
2Cases cited1 opinion
- Chiles v. BealSupreme Court of Alabama · 1841
3Cited by4 opinions
- Hall v. StateSupreme Court of Alabama · 1846
- Ellison v. StateSupreme Court of Alabama · 1845
- Hall v. StateSupreme Court of Alabama · 1849
- Richardson v. StateSupreme Court of Alabama · 1858