Willis v. Commonwealth
Court of Appeals of Kentucky
Case 13 — FORFEITED BAIL BOND APPEAL PROM CUMBERLAND CIRCUIT COURT. 1. In order to bind the bail after the trial begins, there must be an agreement or consent upon his part, in open court, to stand bound on the bond. Nothing short of this will bind the bail. (Criminal Code, ■ sections 183 and 229; Askins v. Commonwealth, 1 Duvall, 275; White v. Commonwealth, 80 Ky., 488.) 2. The court erred in holding that as the jury had not been sworn the trial had not begun.
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Case 13 — FORFEITED BAIL BOND APPEAL PROM CUMBERLAND CIRCUIT COURT. 1. In order to bind the bail after the trial begins, there must be an agreement or consent upon his part, in open court, to stand bound on the bond. Nothing short of this will bind the bail. (Criminal Code, ■ sections 183 and 229; Askins v. Commonwealth, 1 Duvall, 275; White v. Commonwealth, 80 Ky., 488.) 2. The court erred in holding that as the jury had not been sworn the trial had not begun. The selecting of the jury is an important part , of the trial in a prosecution for a felony. 3. The affirmative allegations in the…
1Opinion of the Court
JUDGE LEWIS
delivered the opinion op the court.
By the terms of the bond given by appellants as bail for Strange, charged with murder, they undertook that he should appear in the Cumberland Circuit Court to answer the charge, and at- all times render himself amenable to the. orders and process.of-, said court in the prosecution, of said charge. .....
They did not, at any ■ time. before the. forfeiture of their bond, surrender the defendant -to . the jailer of the county, but they were still bound when he appeared in court at the June term, 1883.; and- the question is presented whether any.thing,…
2Cited by8 opinions
- Howard v. CommonwealthCourt of Appeals of Kentucky · 1904
- Kokas v. CommonwealthCourt of Appeals of Kentucky · 1922
- Puckett v. CommonwealthCourt of Appeals of Kentucky · 1923
- Miller v. CommonwealthCourt of Appeals of Kentucky · 1921
- Blanton v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1925
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