Richardson v. State
Supreme Court of Alabama
Appeal from tbe Circuit Court of Shelby. The record does not show the name of the presiding judge. IN this case, Alonzo Richardson, one of the appellants, was indicted for an assault and battery, and entered into recognizance, with Thomas L. Morrow and Thomas Harrison as his sureties, for his appearance at the next term of the circuit court, and from term to term thereafter until discharged by law, to answer said indictment.
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Appeal from tbe Circuit Court of Shelby. The record does not show the name of the presiding judge. IN this case, Alonzo Richardson, one of the appellants, was indicted for an assault and battery, and entered into recognizance, with Thomas L. Morrow and Thomas Harrison as his sureties, for his appearance at the next term of the circuit court, and from term to term thereafter until discharged by law, to answer said indictment. Having failed to appear at the March term, 1857, a judgment nisi was entered against him and his sureties; and a scire facias, issued thereon, was executed on all the…
1Opinion of the Court
"WALKER, J.
— In a proceeding by scire facias against bail, for the failure of the accused defendant to appear, the recognizance of bail is not a part of the record, unless it has been so made by plea or bill of exceptions. — Chiles v. Beal, 3 Ala. 26; Robinson v. The State, 5 Ala. 706 ; Shreve & Knapp v. The State, 11 Ala. 676; Young v. Simral, 3 A. K. Mar. 176. It results, that we cannot look to the recognizance copied into the transcript, for the purpose of seeing that it. is in a different sum from that *349stated in the scire facias, and in the judgments nisi and final.
2. It was not necessary…
2Cases cited4 opinions
- State v. HinsonSupreme Court of Alabama · 1843
- Chiles v. BealSupreme Court of Alabama · 1841
- Robinson v. StateSupreme Court of Alabama · 1843
- Shreeve v. StateSupreme Court of Alabama · 1847
3Cited by3 opinions
- Cantaline v. StateSupreme Court of Alabama · 1859
- Grund v. StateSupreme Court of Alabama · 1867
- Hendon v. StateSupreme Court of Alabama · 1873