State v. Smith

For the reasons given in the case of the State v. Oole et al., just decided, the motion to dismiss is overruled.

The appeal is taken by Buelc, surety for the defendant, James Hubert, on an appearance bond, from a judgment forfeiting the bond.

It suffices to say that there appears in the record no order of court admitting the accused to bail, fixing the amount of a bail bond, or authorizing the Sheriff to take the same. See State v. Gilbert, 10 An. 532, and cases there cited.

There was not, therefore, any evidence before the court upon which the bond in question could be treated as an authentic…