Rupert v. People
Supreme Court of Colorado
Error to the County Court of Baea County. This is an action brought upon a criminal recognizance, in the name of The People, against the plaintiffs in error.
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Error to the County Court of Baea County. This is an action brought upon a criminal recognizance, in the name of The People, against the plaintiffs in error. So much of the complaint as is necessary to a proper understanding of the question presented for our consideration upon this review is as follows: “ That on the 24th day of January, A. D. 1891, one Henry J. Rupert was examined before S. W. Cole, Esq., a justice of the peace, within and for the county of Baca and state aforesaid, upon a charge of grand larceny; * * * and upon said day the said charge was inquired into by and before the…
1Opinion of the CourtJustice Goddard
It appears upon the face of the complaint that the recognizance upon which the right of action is predicated was approved by the sheriff in a case where the prisoner was committed to the county jail in default of bail. Under these circumstances, the sheriff has no authority to approve a bond and release a prisoner from custody. In such case, the power to let to bail is expressly conferred upon a judge or two justices of the peace, by sec. 981, Gen. Stats., 1888, (Mills’ An. Stats., sec. 1487,) which enacts :
“ Where anjr person shall be committed to jail on a criminal charge for want of good…
2Cases cited10 opinions
- Dennard v. StateSupreme Court of Georgia · 1847
- Haney v. PeopleSupreme Court of Colorado · 1888
- State v. WinningerIndiana Supreme Court · 1881
- Dickenson v. StateNebraska Supreme Court · 1886
- Williams v. ShelbyOregon Supreme Court · 1865
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- City & County of San Francisco v. HartnettCalifornia Court of Appeal · 1905
- State v. FriendSupreme Court of Iowa · 1931
- Bottom v. PeopleSupreme Court of Colorado · 1917
- Carroll County v. CuthbertsonSupreme Court of Iowa · 1907
- Thompson v. PeopleColorado Court of Appeals · 1912
4 more not listed; retrieve them via the Exa API.