Legal Opinion

Jackson v. Dorsey

Court of Appeals of Georgia

Decided March 4, 1921No. 11453PublishedCited by 6 opinions

Forfeiture of recognizance; from Fulton superior court — Judge Humphries. February 11, 1920.

1Opinion of the CourtStephens, J.

1. Where a scire facias has issued upon a forfeiture of a criminal recognizance, it is no defense by the surety that his principal was not brought to trial at the subsequent term of court after having made a legal demand for a trial at the former term as provided in the Penal Code (1910), § 983, when it does not appear that the principal had been discharged and acquitted or was legally entitled to be discharged and acquitted.

2. Voluntary absence from court (sucli as being a fugitive from justice) by one under a criminal charge, who made a demand for a trial at a former term of the court,…

2Cases cited2 opinions

  1. Flagg v. StateCourt of Appeals of Georgia · 1912
  2. Trueheart v. StateCourt of Appeals of Georgia · 1913

3Cited by6 opinions

  1. O'Farrell v. TemplemanCourt of Appeals of Georgia · 1929
  2. Holmes v. StateCourt of Appeals of Georgia · 1975
  3. Richards v. MabryCourt of Appeals of Georgia · 1929
  4. Cooper v. HarrisCourt of Appeals of Georgia · 1929
  5. State v. NealSupreme Court of Kansas · 1954

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