Commonwealth v. Bird
Lancaster County Court of Quarter Sessions
No. 25 January Term 1891, Sup. Ct.; court below, No. 46 December Term 1889, Q. S. On January 25, 1889, the grand jury returned as a true bill an indictment charging Charles E. Bird, William Ruth, William Heberling and others with conspiracy to defraud. On June 7th, the indictment being tried, the jury returned a verdict that the defendants were guilty as indicted. On November 16th, a rule for a new trial was discharged.
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No. 25 January Term 1891, Sup. Ct.; court below, No. 46 December Term 1889, Q. S. On January 25, 1889, the grand jury returned as a true bill an indictment charging Charles E. Bird, William Ruth, William Heberling and others with conspiracy to defraud. On June 7th, the indictment being tried, the jury returned a verdict that the defendants were guilty as indicted. On November 16th, a rule for a new trial was discharged. It was shown by the record presented that on January 24, April 27, and June 8,1889, the recognizance of the defendants was forfeited and respited. Like orders'were made on…
1Opinion of the Court
Opinion,
Mr. .Justice Sterrett :
It appears by the record in this case that the recognizance of the five defendants and their bail, was first forfeited on January 24, 1889, and respited until April sessions of same year. Thereafter it was regularly forfeited and respited from term to term until January 4,1890, at which time the defendants and their bail were again respectively called, and, not answering, their recognizance was absolutely forfeited. Two weeks thereafter, on application of three of the sureties, a rule was granted “ to show cause why the forfeiture of the recognizance,” etc., “…
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