Turner v. Commonwealth

PALMORE, Judge.

This is an appeal from a judgment of the Fleming Circuit Court remitting $4,500 of a $5,000 bail bond theretofore ordered forfeited pursuant to Criminal Code of Practice, § 93. The principal and his surety move for an appeal on the ground that the entire amount should have been remitted, and the Commonwealth by cross-appeal contends that the entire sum should be forfeited..

The case arises under Criminal Code of Practice, § 98, which provides:

“If, before judgment is entered against the bail, the defendant be surrendered or arrested, the court may, at its discretion, remit the…