State v. Grice

This appeal is taken from a judgment forfeiting a recognizance, or rather from a judgment refusing to set aside the forfeiture at the same term it was decreed.

The ground upon which the appeliants contend the judgment should be set aside is, that the accused appeared at the same term of the court at which the bond was forfeited, and demanded a trial, which was refused by the court, because the jury had been discharged for the term. The argument is, that the discharge of the jury was the act of the court, and that it cannot prejudice him; that he did all in his power to comply with the law, and…