Smith v. State
Mississippi Supreme Court
From the circuit court of Claiborne county. Hon. William K. MoLaurin, Judge. Daniel H. Smith, Jr. ,was indicted for keepingagambling table, gave bond for his appearance in the circuit court, with Daniel H. Smith, Sr., and John S. Porter as his sureties. The defendant Smith, Jr., appeared in the circuit court at the term next after the execution of the bond, and upon being arraigned, pleaded guilty of gambling.
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From the circuit court of Claiborne county. Hon. William K. MoLaurin, Judge. Daniel H. Smith, Jr. ,was indicted for keepingagambling table, gave bond for his appearance in the circuit court, with Daniel H. Smith, Sr., and John S. Porter as his sureties. The defendant Smith, Jr., appeared in the circuit court at the term next after the execution of the bond, and upon being arraigned, pleaded guilty of gambling. This plea was accepted by the court and a judgment entered suspending sentence, but at the same time condemning defendant to pay the costs and to stand committed to jail until such…
1Opinion of the CourtWi-iitfield, J.
As to Daniel H. Smith, Jr., the principal, the judgment is erroneous—being by default—because there was no personal service on him, nor were there, as required as an equivalent therefor by § 1396 of the code of 1892, “two writs of scire facias returned by the proper officer of the county where the bond or recognizance was entered into ‘ not found. Stafford v. State, 60 Miss., 928.
The sureties having been personally served, and having failed to appear, cannot predicate error here of a variance between the bond and the scire facias; because, in such case, the bond is “ not properly a part of…
2Cases cited2 opinions
- Stanton's Heirs v. PollardCourt of Appeals of Mississippi · 1852
- Saffold v. StateMississippi Supreme Court · 1883