State v. Allen
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. S. D. Hale. This was a scire facias against bail on a forfeited recognizance. The defendants craved oyer of the recognizance, or undertaking of bail, and demurred to the scire facias, on the ground that the recognizance was void for uncertainty. The court sustained the demurrer, and an exception was reserved by the State to its ruling. The material facts of the case are stated in the opinion of the court.
1Opinion of the Court
STONE, J.-—
William H. Allen was arrested in Calhoun county, on a criminal charge, and carried before one Túrnipseed, a justice of the peace of that county, for examination and commitment. At his instance, the trial was adjourned to a day subsequent, and he entered into bond, with surety, conditioned to appear “before the said Túrnipseed, or some other justice of the peace, on the said 21st of this instant.” There is nowhere in the bond any mention of the place at which the accused was bound to appear. The record presents the question, is this bond void for uncertainty ?
The Code (§ 3396)…
2Cited by5 opinions
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