State v. Zimmerman
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. William G. Thompson, Judge. Defendant Zimmerman pleaded guilty to the crime of keeping a gambling house, and was ordered to pay a fine of $200. He had given bond to appear, and was present when judgment was pronounced. Defendant Houser was surety on his recognizance, and claims he was released in virtue of the action of the court and of the sheriff.
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Appeal from Linn District Court. — Hon. William G. Thompson, Judge. Defendant Zimmerman pleaded guilty to the crime of keeping a gambling house, and was ordered to pay a fine of $200. He had given bond to appear, and was present when judgment was pronounced. Defendant Houser was surety on his recognizance, and claims he was released in virtue of the action of the court and of the sheriff. The judgment was pronounced on February 14, 1898, and on the twenty-fourth day of that month the court ordered that defendant surrendered himself, on the twenty-fifth, to perform judgment. Failing to…
1Opinion of the CourtDeemer, J.
The bond contained the usual conditions "to appear and answer the indictment, and abide the orders and judgment of the court, and not depart without leave of same.” This undertaking is a continuing one, and can only bo discharged by the surrender of the accused as' provided by statute (Code, sections 5528, 5529), or by obtaining leave of court for the accused to depart. State v. Brown, 16 Iowa, 314. There is no pretense that Houser surrendered the defendant to the sheriff in accordance with the statute, and no claim that the court directly discharged him. It is said, however, that what…
2Cases cited3 opinions
- State v. BrownSupreme Court of Iowa · 1864
- McGarry v. StateSupreme Court of Kansas · 1887
- Lyons v. StateIndiana Supreme Court · 1824
3Cited by8 opinions
- Suit v. StateSupreme Court of Arkansas · 1947
- State v. BenedictSupreme Court of Iowa · 1944
- State Ex Rel. Vigg, Co. Atty. v. RomaineSupreme Court of Oklahoma · 1915
- People v. ScottCalifornia Court of Appeal · 1960
- State v. RadcliffeSupreme Court of Iowa · 1951
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