Rheinhart v. State
Supreme Court of Kansas
Error from, Washington District Court. Action upon a forfeited recognizance, brought by the county attorney in the name of The State. The recognizance was executed June 16th 1873, by Rheinhart as principal, and J. B. Snider and E. H. Brail as sureties, to secure the personal appearance of Rheinhart at the then next term of the district court “to answer a charge of burglary and larceny.”
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Error from, Washington District Court. Action upon a forfeited recognizance, brought by the county attorney in the name of The State. The recognizance was executed June 16th 1873, by Rheinhart as principal, and J. B. Snider and E. H. Brail as sureties, to secure the personal appearance of Rheinhart at the then next term of the district court “to answer a charge of burglary and larceny.” A demurrer to the petition was overruled, answer was filed, •and trial had at the December Term 1873. The defendants -objected to the introduction of all the evidence offered. The commitment objected to did…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action on a forfeited recognizance, and the first question arises on the overruling of a demurrer to the petition. The petition alleged the arrest of the defendant Rheinhart, his examination before a justice, the order requiring him to give bail, his failure to do so, the commitment, the giving of the recognizance to the officer, its acceptance by him, and the consequent release of the defendant from custody, his failure to appear at the district court for trial, and the forfeiture. It also gave a copy of the recognizance. The…
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