Fortney v. Commonwealth

Opinion op the Court by

Judge Hobson

Reversing.

Oliver Messer was indicted in the Rockcastle circuit court for the offense of false swearing, and was admitted to hail in the sum of $300, B. D. Fortney execnting the bail bond for his .appearance. He did not appear on the calling of the case for trial on December 18, 1909, and the bond was adjudged forfeited: Fortney thereupon communicated with the county attorney and at his suggestion procured a copy of the bail bond and set to work to have Messer arrested, which he succeeded in doing before the next term of court and had him delivered to the…