State v. Hays
Oregon Supreme Court
Error to Lane County. This action is brought upon an alleged violation on the part of defendants of their undertaking as bail in a criminal action. The judgment of the Circuit Court was in favor of the plaintiff for the amount expressed in the undertaking ($150), and costs. The defendants appeal. One R. Gr. Fry, had been held to answer upon a charge of assault with a dangerous weapon.
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Error to Lane County. This action is brought upon an alleged violation on the part of defendants of their undertaking as bail in a criminal action. The judgment of the Circuit Court was in favor of the plaintiff for the amount expressed in the undertaking ($150), and costs. The defendants appeal. One R. Gr. Fry, had been held to answer upon a charge of assault with a dangerous weapon. The defendants subscribed an undertaking which was in the form prescribed in section 267 of the Criminal Code. The undertaking was dated and subscribed by the defendants as sureties in the presence of the…
1Opinion of the CourtUpton, J.
It was not error to admit parol proof of tbe defendant’s discharge. If the committing magistrate had made and delivered to the sheriff an order under section 214 of the Code, directing him to discharge the defendant, the production of that order would not prove the discharge; nor does the statute require the sheriff to indorse or certify upon the order his proceedings, or to return the order into court. The object of the order is to secure the discharge of th.e defendant, and it may be evidence in the hands of the sheriff justifying the discharge, but it is not evidence to prove the actual…
2Cases cited2 opinions
- People v. EdwardsCalifornia Supreme Court · 1858
- County of Mendocino v. LamarCalifornia Supreme Court · 1866
3Cited by4 opinions
- Malheur County v. CarterOregon Supreme Court · 1908
- Whitney v. DarrowOregon Supreme Court · 1875
- Western Surety Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1934
- Clatsop County v. WuopioOregon Supreme Court · 1920