Yarbrough v. Commonwealth
Court of Appeals of Kentucky
Case 23 — FORFEITED BAIL BOND APPEAL PROM DAVEISS CIRCUIT COURT. The discharge of the jury in the absence of the accused operated as a bar to any further prosecution of the accused .for the offense charged in the indictment. (State V. Wilson, 19 Am. Rep., 719; Nolan v. State, 21 Am.
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Case 23 — FORFEITED BAIL BOND APPEAL PROM DAVEISS CIRCUIT COURT. The discharge of the jury in the absence of the accused operated as a bar to any further prosecution of the accused .for the offense charged in the indictment. (State V. Wilson, 19 Am. Rep., 719; Nolan v. State, 21 Am. Rep., 281; Criminal Code, sec. 183.) Therefore, there was no longer any prosecution pending against him upon which he could have been tried, even if be had appeared at the time his bond was declared forfeited, and, therefore, the appellants are not liable on his bail bond. (Commonwealth v. Overby, 80 Ky., 2Í2.) 1.…
1Opinion of the Court
JUDGE HOLT
delivered the opxnioh oe the court.
Thomas Lockard was put upon trial for house-breaking. The case was fully heard. The jury, after considering it for some time, came into court, and, in the enforced absence of the accused in jail upon the charge, reported that they could not agree; thereupon they were discharged.
Thereafter the appellants became his bail; and, upon being released, he went to Indiana, where he committed an offense, for which he was sent to the penitentiary of that State, and was there confined when the bail bond executed by the appellants was forfeited on account of…
2Cases cited3 opinions
- Meece v. CommonwealthCourt of Appeals of Kentucky · 1880
- Commonwealth v. OverbyCourt of Appeals of Kentucky · 1882
- Withrow v. CommonwealthCourt of Appeals of Kentucky · 1866
3Cited by32 opinions
- Davis v. Metropolitan InsuranceTennessee Supreme Court · 1930
- Cantwell v. CantwellIndiana Supreme Court · 1957
- State v. ChandlerOregon Supreme Court · 1929
- Baker v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1939
- State v. . PelleySupreme Court of North Carolina · 1943
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