Legal Opinion

United States v. Lee

District Court, S.D. Ohio

Decided May 14, 1909PublishedCited by 25 opinions

On Application for Acceptance of Bail Bond. The accused, who is charged with unlawfully depositing, for mailing and delivery, in the United States post office, an envelope containing lottery tickets, was ordered by the committing magistrate to give bond in the sum of $2,400 for his appearance before this court at its next term, and in default of the same to stand committed.

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On Application for Acceptance of Bail Bond. The accused, who is charged with unlawfully depositing, for mailing and delivery, in the United States post office, an envelope containing lottery tickets, was ordered by the committing magistrate to give bond in the sum of $2,400 for his appearance before this court at its next term, and in default of the same to stand committed. A financially responsible individual and a solvent: surety company were in turn rejected as surety, because each had been indemnified to the full amount of the bond. Application was then made to the •ourt to accept one or…

1Opinion of the CourtSater, District Judge

(after stating the facts as above). In the theory of the law, by a recognizance of bail in a criminal action, the accused is committed to the custody of the sureties as to jailers of his own choosing, and is so far placed, in their power that they may at any time arrest him upon the recognizance and surrender him to the court, and are bound, at their peril, to see that he obeys the court’s order. Reese v. U. S., 9 Wall. 13, 19 L. Ed. 541; Taylor v. Taintor, 16 Wall. 366, 21 L. Ed. 287; section 1018, Rev. St. (U. S. Comp. St. 1901, p. 719). The purpose of a recognizance is not to enrich the…

2Cases cited4 opinions

  1. Taylor v. TaintorSupreme Court of the United States · 1873
  2. Reese v. United StatesSupreme Court of the United States · 1870
  3. United States v. SimmonsU.S. Circuit Court for the District of Southern New York · 1891
  4. United States v. GreeneU.S. Circuit Court for the District of Western Virginia · 1908

3Cited by25 opinions

  1. United States v. Jean NebbiaCourt of Appeals for the Second Circuit · 1966
  2. United States v. FieldCourt of Appeals for the Second Circuit · 1952
  3. In re ShetskySupreme Court of Minnesota · 1953
  4. Allison v. PeopleSupreme Court of Colorado · 1955
  5. Hyde v. NelsonSupreme Court of Missouri · 1921

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