Commonwealth v. Thompson
Court of Appeals of Kentucky
Case 93 — FORFEITED BAIL BOND — APPEAL FROM NICHOLAS CIRCUIT COURT. The bond is valid, the record showing that defendant was in custody and entered his appearance and voluntarily executed the bond. (Criminal Code, secs. 72, 73, 74; Huckson v. Commonwealth, 14 Ky. Law Rep., 203.) The case of Morgan v. Commonwealth, 12 Bush, 84, distinguished.
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Case 93 — FORFEITED BAIL BOND — APPEAL FROM NICHOLAS CIRCUIT COURT. The bond is valid, the record showing that defendant was in custody and entered his appearance and voluntarily executed the bond. (Criminal Code, secs. 72, 73, 74; Huckson v. Commonwealth, 14 Ky. Law Rep., 203.) The case of Morgan v. Commonwealth, 12 Bush, 84, distinguished. The bond is void, there being nothing in the record conducing to show that Mack Thompson was in custody or under arrest, or that an affidavit had been made charging him with any offense, or that a warrant of arrest had been issued against him charging him…
1Opinion of the Court
JUDGE PAYNTER
delivered Tins opinion oe the court.
John Thompson was arrested on the charge of larceny and brought before the county judge of Nicholas county for trial. After hearing the evidence, the court adjudged it insufficient and discharged him from' custody. Immediately following that part of the order discharging John Thompson, the court, in the same order, used language as *594follows: “On motion of attorney fro tem. for the county, the court, from its personal knowledge, advised by testimony given in this court, holds Mack Thompson to answer the charge of larceny, and fixes his bail at…
2Cited by2 opinions
- Husbands v. CommonwealthCourt of Appeals of Kentucky · 1911
- Meredith v. CommonwealthCourt of Appeals of Kentucky · 1924