Commonwealth v. Webster
Court of Appeals of Kentucky
CASE 127 — INDICTMENT APPEAL PROM GRANT CIRCUIT OOTJRT. CITED— 2 Metcalfe, 286. ] Duvall, 275; Atkins vs. Commonwealth. Criminal Code, secs. 76, 77, 69.
1Opinion of the CourtChief Justice Peters
The principal in the bail-bond, as the evidence shows, was in court when the case was called, in time to answer to the charge; and, after his case was continued, he was taken from the presumed custody of his bail by the order of the provost marshal and removed from the county, whether by legal authority or not it would be as useless as unprofitable to discuss; for, whether his mandates were lawful or not, he had the necessary means to enforce them. And he who questioned his right was then as powerless to test it as he was to resist his orders.
The history of that period attests the omnipotence…
2Cited by3 opinions
- Commonwealth v. OverbyCourt of Appeals of Kentucky · 1882
- Public Service Mutual Insurance Company v. StateDistrict Court of Appeal of Florida · 1961
- State v. MerrihewSupreme Court of Iowa · 1877