Howie v. State
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry County. Scire facias on a forfeited recognizance, the entry of the judgment nisi is in the following terms — “This day came John P. Graham, solicitor of the second judicial circuit, who prosecutes for the State of Alabama, and the defendant, Robert H. Porter, with Thomas J. Tuggle, John Howie, Henry D. Morrison and Jefferson J. Watts, at a former day, to wit: on the 24th March 1839, entered into a recognisance before one John Falls…
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Writ of Error to the Circuit Court of Perry County. Scire facias on a forfeited recognizance, the entry of the judgment nisi is in the following terms — “This day came John P. Graham, solicitor of the second judicial circuit, who prosecutes for the State of Alabama, and the defendant, Robert H. Porter, with Thomas J. Tuggle, John Howie, Henry D. Morrison and Jefferson J. Watts, at a former day, to wit: on the 24th March 1839, entered into a recognisance before one John Falls a justice of the peace in and for said County of Perry and Stf-te of Alabama, by which they acknowledged themselves to…
1Opinion of the CourtGoldthwaite, J.
--The authority of the justices of the peace to take the recognizances of persons accused of crimes and misdemeanors is purchased by the 20th and 21st sections of the actof 1814. (Aikin’s Digest, 115, 116: § 12, 13) They are directed to recognize them to appear at the next term of the Circuit Court and answer the charge exhibited against them. In the recognizance in the present case there is the superadded condition, to abide by any order, judgment or decree of the Circuit Court in the case. The condition to appear and answer a charge would be discharged by placing the accused in the custody…
2Cases cited1 opinion
- Whitted v. GovernorSupreme Court of Alabama · 1838
3Cited by20 opinions
- Bates v. Bank of the StateSupreme Court of Alabama · 1841
- Walker v. ChapmanSupreme Court of Alabama · 1853
- Browder v. StateSupreme Court of Alabama · 1846
- State v. WeaverSupreme Court of Alabama · 1850
- Copeland v. Dixie Lumber Co.Alabama Court of Appeals · 1911
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