Beasley v. State
Supreme Court of Arkansas
APPEAL from Ouachita Circuit Court. B. F. Askew, Judge. Appellant Beasley was surety on a bail bond for one Grant ■Capehart in Columbia circuit court upon a charge of perjury. Upon the application of1 Capehart, a change of venue to Ouachita circuit court was granted, the court directing that Capehart be held upon his present recognizance for his appearance before said court. During the trial Capehart absconded.
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APPEAL from Ouachita Circuit Court. B. F. Askew, Judge. Appellant Beasley was surety on a bail bond for one Grant ■Capehart in Columbia circuit court upon a charge of perjury. Upon the application of1 Capehart, a change of venue to Ouachita circuit court was granted, the court directing that Capehart be held upon his present recognizance for his appearance before said court. During the trial Capehart absconded. The jury agreed upon a verdict of not guilty, but the court refused to receive it in Capehart's absence. A forfeiture was taken upon his recognizance. To a scire facias issued upon the…
1Per curiam
The bond of Capehart stipulated that he should render himself amenable to all orders and process of, the court, in the prosecution of the charge. On his petition the court ordered him to Ouachita county for trial. His surety, under the terms of his contract, was bound to see to his attendance. Section 2199, Mansfield’s Digest, is directory merely.
The allegation in the answer that the defendant was acquitted, was refuted by other allegations in the answer and the record, which show that the court refused to receive the verdict in the absence of the defendant.
Affirmed.
2Cited by3 opinions
- Havis v. StateSupreme Court of Arkansas · 1896
- Minor v. StateSupreme Court of Arkansas · 1924
- State v. HazzardIndiana Supreme Court · 1910