Russell v. State

Mr. Justicie Williams

delivered the opinion of the Court.

Russell was arrested under a magistrate’s warrant on a charge of murder and hound overto the criminal court. The bail bond was fixed at $1,000, and signed by appellants as .sureties. The bond was conditioned that Russell appear at the next term of the criminal court and not depart the court without leave. At the next term an indictment was returned; and at a succeeding term Russell failed to appear, when default was taken and a conditional judgment rendered against the sureties.

An answer to á scire facias was later filed by the sureties,…