Shaw v. Commonwealth

JUDGE PETERS

delivered the opinion op the court :

The appellants, among other things relied upon in their answer, deny that the proceedings, as exhibited in the record, are sufficient to authorize a judgment against them, and deny that the slave “Aleck,” for whose appearance in court they undertook, was legally arrested, or was in custody at the time the bail bond was executed.

*2Their answer was demurred to and' the demurrer sustained.

In considering the demurrer, it is proper to look into the whole record, and give judgment against the party who has first been in default.

Sec. 141, Criminal Code,…