Legal Opinion

State v. Kraner

Supreme Court of Iowa

Decided April 23, 1879PublishedCited by 2 opinions

Appeal from Wapello District Gomt. On the 3d day of September, 1875, an indictment was found against one Michael Shanahan. On January 7th, 1876, the defendant, Kraner, executed a bond for the appear.ance of Shanahan at the next term of the District Court thereafter. The defendant appeared and pleaded guilty to the-crime charged in the indictment.

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Appeal from Wapello District Gomt. On the 3d day of September, 1875, an indictment was found against one Michael Shanahan. On January 7th, 1876, the defendant, Kraner, executed a bond for the appear.ance of Shanahan at the next term of the District Court thereafter. The defendant appeared and pleaded guilty to the-crime charged in the indictment. Afterward the court adjudged that Shanahan should pay a fine and costs, and ordered that he be confined in the jail of the county until such fine should be paid, at one dollar and fifty cents a day, unless, sooner discharged, and that a bench warrant…

1Opinion of the CourtRothrocic, J.

The cause is argued upon the theory that the defendant Kraner surrendered Shanahan to the sheriff on a certified copy of the undertaking. The position is not sustained by the record. It appears that Shanahan surrendered himself to the sheriff. This must have been after the bond was forfeited, otherwise no forfeiture would have been taken. The bond required that Shanahan “should appear * * * to answer the indictment, and not depart without leave of the-court, and obey all orders of the court.” He appeared and. *577pleaded guilty, but departed without leave of the court, and when he failed to…

2Cited by2 opinions

  1. State v. BenedictSupreme Court of Iowa · 1944
  2. Bruntlett v. Carroll CountySupreme Court of Iowa · 1922

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