Ingram v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. George D. Shortridge. Abijah INGRAM, one of the appellants, having been, arrested on a charge of horse-stealing, and required to give bond for his appearance at the next term of the Circuit Court to answer the charge, thereupon entered into the required bond, with his co-appellants, Isbon Ingram and William W. Thompson, as bis sureties.
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Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. George D. Shortridge. Abijah INGRAM, one of the appellants, having been, arrested on a charge of horse-stealing, and required to give bond for his appearance at the next term of the Circuit Court to answer the charge, thereupon entered into the required bond, with his co-appellants, Isbon Ingram and William W. Thompson, as bis sureties. At tbe next term of tbe court, .judgment nisi was rendered against tbe defendant and his sureties for their default, and on this judgment a scire facias was issued, which was returned executed…
1Opinion of the Court
CHILTON, O. J.
1. The pleas demurred to (Nos. 2 and 3) are clearly bad. The magistrate, having caused the defendant, Abijah Ingram, to be arrested under his warrant, having examined the case, and taken from the prisoner a bail bond for his appearance at court, had no authority again to cause him to be re-arrested for the same offence, upon the supposition that the bail were insufficient. His proceedings in issuing his subsequent warrant were irregular, and furnish no ground of defence to the bail, and would have furnished none, had the principal been arrested under it, much -less when it…
2Cited by8 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Bishop v. StateSupreme Court of Alabama · 1857
- United States v. Van FossenU.S. Circuit Court for the District of Kansas · 1871
- State v. CrosbySupreme Court of Alabama · 1896
- State v. EsdaleSupreme Court of Alabama · 1950
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