Grimes v. Commonwealth

Opinion by

Judge Pryor :

The accused, after the cause had been submitted to the jury, was by an order of the court remanded to the custody of the jailor. His sureties had consented that he might stand on his bond during the progress of the trial, but the court very properly placed him in jail, or in the custody of the jailor, after the jury had taken charge of the case. When placed in jail or in the jailor’s custody by the order of the court, the sureties had no longer any control over the accused, and their liability as such terminated. They had fulfilled their obligation when the prisoner was…