State v. Davis

CARMODY, Justice.

Appeal by the defendants from a judgment rendered against them, as sureties, on a bond given in the appeal of a criminal case.

The issue for our determination is whether the sureties are liable under a single bond signed by them on behalf of two defendants, one of whom died prior to the affirmance of a criminal conviction by the supreme court.

In 1957, two men, named Spahr and Davis, were convicted of selling alcoholic liquors without a license. The two appealed to this court and, with E. G. Foster and C. L. Smith as sureties, furnished a bond, which was entitled “Supersedeas…