Legal Opinion

State v. Hendricks

Supreme Court of Louisiana

Decided October 15, 1888No. 220PublishedCited by 10 opinions

APPEAL from the Fourth District Court, Parish of Jackson. Bridger, J. 1. Justices of the peace shall have power to hail or discharge in criminal cases not capital or necessarily punishable at hard labor. Const. 1879, Art. 126: “Whoever shall he guilty of larceny shall he imprisoned at hard labor, or otherwise, not exceeding two years.”

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APPEAL from the Fourth District Court, Parish of Jackson. Bridger, J. 1. Justices of the peace shall have power to hail or discharge in criminal cases not capital or necessarily punishable at hard labor. Const. 1879, Art. 126: “Whoever shall he guilty of larceny shall he imprisoned at hard labor, or otherwise, not exceeding two years.” Sec. 812, E. S. 2. The binding force of a recognizance does, not depend upon tbe fact that the court before which the accused is required to appear has jurisdiction of the offence charged, but upon the duty and power of the magistrate to examine and admit the…

1Opinion of the Court

The opinion of the Court was delivered by

Bermudez, C. J.

The State appeals from a judgment of the District Court annulling a previously rendered one, forfeiting the bond of tlie accused and condemning the surety therein to pay the amount thereof, the former failing to appear at the term when he was called to do so, the latter failing to produce then and there his body.

It appears that Hendricks was arrested by a justice of the peace on the charge of larceny, and was released on a bond for $300, with D. M. Jameson as surety therein, conditioned, substantially, that if the above bounden Hendricks…

2Cited by10 opinions

  1. State v. United Bonding InsuranceSupreme Court of Louisiana · 1963
  2. State v. SheltonSupreme Court of Louisiana · 1955
  3. State v. AllenSupreme Court of Louisiana · 2012
  4. State v. WilliamsonSupreme Court of Louisiana · 1914
  5. Dilley v. StateIdaho Supreme Court · 1892

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