Sasser v. McDaniel
Supreme Court of Georgia
Criminal Law. Bonds. Principal and Surety. Pleadings. Warrants. Assault with Intent to Murder. Courts of Inquiry. Commitment. Before Judge Carswell. Screven Superior Court.
Read the full summary
Criminal Law. Bonds. Principal and Surety. Pleadings. Warrants. Assault with Intent to Murder. Courts of Inquiry. Commitment. Before Judge Carswell. Screven Superior Court. May Term, 1884. George M. Zeagler made oath before Hazlehursl, J. P., 34th district, Screven county, as follows : “That on the 26th day of May, 1883, in said county, one Samuel S. Sasser did unlawfully and feloniously, upon the person of said George M. Zeagler, commit the offense of assault with intent to murder, wherefore he prays a warrant do issue in terms of law.” Hazlehurst, J. P., issued his warrant as follows: “…
1Opinion of the Court
Hall, Justice.
To a scire facias, issuing upon a forfeited recognizance and served on the defendants, the bail appeared, and showed for cause why final judgment should not be ren. dered against them:
(1.) That the warrant under which their principal was arrested and upon which the recognizance was founded was illegal, in that it had no affidavit sufficient in law to support it.
(2.) That the warrant “ described no offense ” punishable by the laws of the state.
(3.) That the bond contains no condition for the personal appearance of the principal at the superior court of Screven county, and hence…
2Cited by3 opinions
- Candler v. KirklandSupreme Court of Georgia · 1900
- Shahan v. HardwickCourt of Appeals of Georgia · 1923
- Kirkland v. CandlerSupreme Court of Georgia · 1902