Hampton v. State
Ohio Supreme Court
Eekoe to the District Court of Gallia county. "William G. Hampton was indicted in Gallia county for burglary and for grand larceny. ' He was tried and convicted of burglary. When the jury returned into court with their verdict, thé defendant was in court; on the rendition of the verdict of guilty, he was ordered by the court into the custody of the sheriff, and the sheriff so took and held him.
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Eekoe to the District Court of Gallia county. "William G. Hampton was indicted in Gallia county for burglary and for grand larceny. ' He was tried and convicted of burglary. When the jury returned into court with their verdict, thé defendant was in court; on the rendition of the verdict of guilty, he was ordered by the court into the custody of the sheriff, and the sheriff so took and held him. The Journal entry in the case reads as follows : “ And thereupon the defenda'nt by his counsel gave notice of a motion for a new trial; motion filed. And thereupon personally came the defendant,…
1Opinion of the CourtFollett, J.
The plaintiffs in error seek to avoid liability on the recognizance, on the ground that the court had no power to take the same and permit the prisoner to go out of the custody of the sheriff.
The recognizance was the mode by which William Gr. Hampton -was taken from the custody of the sheriff and delivered to the plaintiffs in error, who thereby became entitled to his custody, and they were responsible for his appearance in court as per the terms of the recognizance; and at any time before default they could have taken him by force and surrendered him.
By the common law, all offenses,…
2Cases cited1 opinion
- State v. LevySupreme Court of Minnesota · 1877