Salter v. State
Supreme Court of Georgia
Forfeiture of boud. Before Judge Parker. Washington superior court. September 11, 1905. Lee Salter was indicted by the grand jury of Washington county for the offense of assault with intent to murder. He gave bond, with Z. B. Salter as security.
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Forfeiture of boud. Before Judge Parker. Washington superior court. September 11, 1905. Lee Salter was indicted by the grand jury of Washington county for the offense of assault with intent to murder. He gave bond, with Z. B. Salter as security. Hpon the call of the case the principal failed to appear, his bond was declared forfeited, and a writ of scire facias was issued requiring the principal and surety to show cause why final judgment should not be entered against them on the bond. The defendants’ answer set up, as cause against the entering of the judgment oh the bond, that the…
1Opinion of the Court
Lumpkin, «7.
(After stating the facts.) In answer to a scire facias to forfeit a bail bond in a criminal case, a surety may show that the indictment is void. Liceth v. Cobb, 18 Ga. 314; State v. Lockhart, 24 Ga. 420; State v. Woodley, 25 Ga. 235; McDaniel v. Campbell, 78 Ga. 188; Candler v. Kirksey, 113 Ga. 309. But the forfeiture can not be successfully resisted by an attack on the indictment against the principal, unless it appears that such indictment is void. Williams v. Candler, 119 Ga. 179. In Baker v. State, 97 Ga. 452, it was held, that even where the solicitor-general was himself the…
2Cases cited9 opinions
- Downing v. StateSupreme Court of Georgia · 1901
- McDaniel v. CampbellSupreme Court of Georgia · 1886
- Statham v. StateSupreme Court of Georgia · 1871
- Baker v. StateSupreme Court of Georgia · 1895
- State v. LockhartSupreme Court of Georgia · 1858
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3Cited by4 opinions
- Cook v. WalkerSupreme Court of Georgia · 1926
- Rogers v. BrownSupreme Court of Georgia · 1912
- Cleveland v. BrownSupreme Court of Georgia · 1914
- Green v. RussellSupreme Court of Georgia · 1933