Commonwealth v. Thompson

Opinion of the Cou&t.

A pp.osf.cutiOn for bhstardy ,was_;commenced in the court below against the defendáiíf fn'-error, who made default, and his recognizance was forfeited; and on a scire fa cías, judgment was rendered against him, that-the commonwealth have execution for the amount of hisvrecognizance. At the same term when this judgment was rendered, a new prosecution for the same offence was pending, with a recognizance taken before a justice of the mace; andón the calling of this cause, the defendant in error, without appearing in discharge .of thisfest recognizance, by his counsel, moved…