Legal Opinion

Hawk v. State

Supreme Court of Alabama

Decided December 15, 1887PublishedCited by 9 opinions

Ait>35AL from Jackson Circuit Court. Tried before Hon. L. E. Box. Eor non-appearance of appellant Hawk, under indictment for murder, judgment nisi was rendered against him and the sureties on his bail bond and scire facias issued. The question raised by the demurrers to defendant’s pleas, and the judgment of the court is that discussed in the opinion. By agreement of parties the issue was submitted to the court for judgment without a jury.

1Opinion of the CourtSomebville, J.

The bail bond in terms imposed on the principal, Arthur Hawk, who was under indictment for murder, the obligation to appear at the August term, 1887, of the Jackson Circuit Court “and from day to day and term to term thereafter, until discharged by law, to answer to the offense of murder.” This is in substantial compliance with the requirements of section 4427 of the present Code (Code of 1876, ^4852), which provides that “the undertaking of bail binds the parties thereto, jointly and severally, for the appearance of the defendant on the first day of the court, from day to day of such term,…

2Cases cited2 opinions

  1. State ex rel. BattleSupreme Court of Alabama · 1845
  2. Hodges v. StateSupreme Court of Alabama · 1845

3Cited by9 opinions

  1. McCullough v. StateAlabama Court of Appeals · 1959
  2. Miller v. StateSupreme Court of Alabama · 1909
  3. Ex parte WilliamsSupreme Court of Alabama · 1896
  4. Gray v. StricklandSupreme Court of Alabama · 1909
  5. Cook v. StateSupreme Court of Alabama · 1890

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