Legal Opinion

State v. Hamilton

Supreme Court of Iowa

Decided April 3, 1923PublishedCited by 6 opinions

Appeal from Page District Court. — George W. Cullison, Judge. Proceedings on motion of the defendant Elmer Hamilton and the defendants John Irwin, Jr., and John Kendall, sureties on a bail bond, to have the forfeiture which was entered upon the failure of the defendant Hamilton to appear, set aside, and the bond exonerated. The motion was overruled, and all the defendants appeal.

1Opinion of the Court

Stevens, J.-

-Elmer Hamilton was tried in the district court of Page County, upon an indictment charging him with the crime of robbery, and on March 24, 1922, a verdict of guilty was returned against him by the jury. He was released on a bond in the sum of $8,000, signed by appellants as sureties. The defendant failed to appear on April 3d, the date fixed for pronouncing judgment, and an order forfeiting the bond was entered by the court. A bench warrant was issued, and delivered to the sheriff, who apprehended the defendant near the Mexican line in Texas, and returned him to Page County for…

2Cases cited2 opinions

  1. State v. SandySupreme Court of Iowa · 1908
  2. Bruntlett v. Carroll CountySupreme Court of Iowa · 1922

3Cited by6 opinions

  1. State v. SellersSupreme Court of Iowa · 1977
  2. State v. ZylstraSupreme Court of Iowa · 1978
  3. State v. BenedictSupreme Court of Iowa · 1944
  4. State v. ShellSupreme Court of Iowa · 1951
  5. State v. RobinsonSupreme Court of Iowa · 1928

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