Magie's Appeal
Supreme Court of Pennsylvania
Appeal from a decree ¡of the Common Pleas of Fayette County refusing to remit' the forfeiture of a recognizance. On April "30, 1883,- John Boring was -arrested upon the charge' of assault with intent to kill:" - He waived a hearing before the justice,'and"gave bail, with Samuel Magie as surety, to- appear at the quarter sessions of "Fayette county-and “not "depart the court without leave.” Boring appeared át the ■ court and was -tried and convicted.
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Appeal from a decree ¡of the Common Pleas of Fayette County refusing to remit' the forfeiture of a recognizance. On April "30, 1883,- John Boring was -arrested upon the charge' of assault with intent to kill:" - He waived a hearing before the justice,'and"gave bail, with Samuel Magie as surety, to- appear at the quarter sessions of "Fayette county-and “not "depart the court without leave.” Boring appeared át the ■ court and was -tried and convicted. Subsequently, but before sentence, he disappeared. The recognizance was declared forfeited, and suit was brought against Magie to collect the…
1Opinion of the Court
Per Curiam :
There was no error in the refusal of the court to remit the forfeiture of the recognizance. The condition of -the -recognizance was that the defendant, charged with the crime, “should appear at the next court of quarter sessions of the' county, and not depart the court without leave.”- He did appear, and was tried and convicted. Before being called for sentence, he ’departed without leave of the court. Failing to appear when duly *497called, his recognizance was forfeited at the same session of the court. There was an undoubted violation of the condition of the recognizance. It is no…
2Cited by3 opinions
- Marshall AppealSupreme Court of Pennsylvania · 1964
- Commonwealth v. Gardner, Pennsylvania Court of Common Pleas, Beaver County1952
- United States v. ReyesDistrict Court, D. Puerto Rico · 1908