Williams v. State
Supreme Court of Alabama
Ebrob to the Circuit Court of Macon. Tried before the Hon. E. Pickens. MoSes Daniel was indicted in tbe Circuit Court of Barbour county, for “inveigling, stealing, carrying and enticing away ” a negro slave. On bis motion, tbe venue was changed to tbe county of Macon, and be entered into a recognizance, with plaintiffs in error as bis sureties, to appear and answer tbe charge of negro stealing, before tbe Circuit Court of Macon.
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Ebrob to the Circuit Court of Macon. Tried before the Hon. E. Pickens. MoSes Daniel was indicted in tbe Circuit Court of Barbour county, for “inveigling, stealing, carrying and enticing away ” a negro slave. On bis motion, tbe venue was changed to tbe county of Macon, and be entered into a recognizance, with plaintiffs in error as bis sureties, to appear and answer tbe charge of negro stealing, before tbe Circuit Court of Macon. He did not appear, and a judgment nisi was entered up against bim and bis sureties. A writ of sci. fa. was issued, and returned “made known,” as to tbe plaintiffs in…
1Opinion of the Court
LICIÓN, J.
This case is very fully covered by the decision of this court in the case of The State v. Weaver et. al., 18 Ala. Rep. 293. It was there ruled, that the sufficiency of the indictment can not be brought in question upon a demurrer to the scire facias on a forfeited recognizance. The re-cognizors (except the accused) have no connection with the indictment, and the question of regularity or irregularity, in this respect, is wholly disconnected from their undertaking. They bind themselves that their principal shall appear and answer the charge against him, and if he fail to do so, the…
2Cases cited1 opinion
- State v. WeaverSupreme Court of Alabama · 1850
3Cited by3 opinions
- Foster v. StateSupreme Court of Alabama · 1863
- State v. EldredSupreme Court of Alabama · 1858
- Bell v. StateCourt of Criminal Appeals of Texas · 1916