Sharpe v. Smith
Supreme Court of Georgia
Jurors. Practice in the Superior Court. Criminal law. Principal and surety. Bonds. Before Judge Kiddoo. Terrell Superior Court. November Term, 1876. An indictment for assault with intent to murder was found against £' Jeff Wlieeler;” a warrant issued and recognizance was taken, signed by “A. J. Wlieeler” as principal, and ITuson and Sharpe, as sureties. On failure to appear, scire facias issued to forfeit the bond.
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Jurors. Practice in the Superior Court. Criminal law. Principal and surety. Bonds. Before Judge Kiddoo. Terrell Superior Court. November Term, 1876. An indictment for assault with intent to murder was found against £' Jeff Wlieeler;” a warrant issued and recognizance was taken, signed by “A. J. Wlieeler” as principal, and ITuson and Sharpe, as sureties. On failure to appear, scire facias issued to forfeit the bond. In answer to the rule nisi, Sharpe set up the following defenses : 1. That the names of three of the grand jurors who preferred the indictment were not on the jury list. 2. Because…
1Opinion of the Court
Jackson, Judge.
This was an answer to scire facias to forfeit recognizance by the bail. Two points are insisted on as error in the circuit court.
1. First, that three of the grand jury who found the bill were not on the jury list of legal jurors. We think as this defect does not appear on the indictment, it could be taken advantage of only by plea in abatement, and that the defendant was bound to be at court to make it, and the surety obligated himself to have him there to answer, and as the principal was not there, the bond was properly forfeited. On its face, the indictment was good.
2.…
2Cited by4 opinions
- Cleveland v. BrownSupreme Court of Georgia · 1914
- Duffey v. HarrisCourt of Appeals of Georgia · 1917
- Green v. RussellSupreme Court of Georgia · 1933
- Stansell v. LowryCourt of Appeals of Georgia · 1936