Vasser v. State
Supreme Court of Alabama
[SCIRE ¿FACIAS AGAINST BAIL ON FORFEITED RECOGNIZANCE.] Appeal from the Circuit Court of Shelby. The record does not show the name of the presiding judge.
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[SCIRE ¿FACIAS AGAINST BAIL ON FORFEITED RECOGNIZANCE.] Appeal from the Circuit Court of Shelby. The record does not show the name of the presiding judge. The record in this case shows, that at the March term of said circuit court, 1856, Frank Crane and "William Davis were indicted for an affray; that said Davis, on being arrested, entered into bond, with George R. Yasser as his surety, conditioned that “ the said Davis appear at the next term of the circuit court of said county, and from term to term thereafter until discharged by law, to answer an indictment pending in said court against…
1Opinion of the CourtRice, C. J.
Section 8679 of the Code declares, that the essence of all undertakings of bail is the appearance of the defendant at court; and that the undertaking is forfeited by the failure of the defendant to appear, although the offense, judgment or other matter, is incorrectly described in such undertaking; “the particular case, or matter to which the undertaking is applicable, being made to appear to the court.”
Although the undertaking of bail relied on here did not, on its face, mention the offense for which the principal was indicted ; yet it did stipulate, that he should appear at the then next…
2Cited by7 opinions
- Foster v. StateSupreme Court of Alabama · 1863
- Hanna v. StateSupreme Court of Alabama · 1877
- Holcombe v. StateSupreme Court of Alabama · 1892
- State v. FullerSupreme Court of Alabama · 1900
- State v. WhitleySupreme Court of Alabama · 1867
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