State v. Poston

Poston was indicted for a felonious assault, and, together with the other defendants, entered into a recognizance in usual form conditioned for the appearance of the party indicted, at the next term of the court, and that he would not depart such court without leave.

Poston defaulted, and in consequence a forfeiture was taken against him and his sureties, and sci. fa. issued. One of the sureties demurred to the writ, and the court, on the ground that the demurrer went to the indictment as well as the sci. fa., entered an order discharging the party indicted, and from such order the State has…