Walker & Hubbard v. Commonwealth
Court of Appeals of Kentucky
Case 60 — BAIL-BOND APPEAL PROM OHIO CRIMINAL COURT. 1. The indictment should have been quashed. (Gen. Stat., 712, 896.)' It was error to render judgment on the bail-bond. It was discharged by the failure of the grand jury to indict accused at the first term of court after its execution. 2. The bond was forfeited before trial, and judgment rendered thereon afterwards. In a misdemeanor accused can appear by counsel. (9 Dana, 304; 1 Duv., 26; 3 Tb., 84; 1 16., 244; 16., 235.)
1Opinion of the Court
JUDGE HARGIS
delivered the opinion op the court.
The accused was arrested, tried, and held to bail for a misdemeanor, and executed bond before the examining-court, with appellants as his sureties, for his appearance at the next term thereafter in the criminal court, which came in. October, 1876.
*293No indictment was found at that term, and the court, on motion of the commonwealth’s attorney, made during the term, after inspection of the minutes of the examining court and the proceedings of the grand jury thereon, and allowing the county judge before whom the bond was taken to ■attest it, ordered…
2Cited by2 opinions
- People v. . BennettNew York Court of Appeals · 1893
- Barnett v. Russell, JudgeCourt of Appeals of Kentucky (pre-1976) · 1945