People v. Coman
New York Court of Common Pleas
The defendant Jones entered into a recognizance for the appearance of the defendant Coman, who was indicted for a criminal offense. Coman failing to appear on the day of trial, the recognizance was forfeited, and by the statute of 1844 (L. 1844, c. 315, art. IV, § 8), became a judgment to be enforced in this court.
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The defendant Jones entered into a recognizance for the appearance of the defendant Coman, who was indicted for a criminal offense. Coman failing to appear on the day of trial, the recognizance was forfeited, and by the statute of 1844 (L. 1844, c. 315, art. IV, § 8), became a judgment to be enforced in this court. Coman afterwards surrendered himself, and with the assent of the district attorney entered into a new recognizance to appear and answer to the charge, and the district attorney gave a certificate that he believed that the people were then in as good condition to prosecute Coman…
1Opinion of the Court
Per Curiam.*
A practice has arisen during the past year, in which all the judges of the court have participated, of dis-. *528charging judgments upon recognizances, on applications to discharge them, to which the district attorney has consented, upon proof that the accused has either been surrendered by the bail, or has surrendered, himself and entered into a new recognizance, approved by the district attorney, that he would • thereafter appear to be tried upon the indictment, and submit to the final judgment, sentence or order of the court. The question has arisen whether this practice is…
2Cases cited2 opinions
- Schuylkill Navigation Co. v. FarrSupreme Court of Pennsylvania · 1842
- People v. PetryNew York Court of Common Pleas · 1858
3Cited by7 opinions
- People v. FiannacaNew York Court of Appeals · 1954
- People v. Peerless InsuranceAppellate Division of the Supreme Court of the State of New York · 1964
- People v. FieldsNew York Court of Common Pleas · 1876
- People v. HandelAppellate Division of the Supreme Court of the State of New York · 1933
- People v. CaryNew York Court of Common Pleas · 1876
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