Smith v. Kitchens
Supreme Court of Georgia
Criminal law. Recognizance. Bail. Before Judge Heeschel V.'Johnson. Glasscock Superior Court. 'August Term, 1873. This case arose upon a scire facias to forfeit a bond executed by Benjamin F. Kitchens, principal, and John F. M. Kitchens and William F. Kitchens, securities, conditioned as follows: “ The condition of this recognizance is such that if the above bound Benjamin F. Kitchens shall personally appear at the next superior court to be held in and for said county of…
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Criminal law. Recognizance. Bail. Before Judge Heeschel V.'Johnson. Glasscock Superior Court. 'August Term, 1873. This case arose upon a scire facias to forfeit a bond executed by Benjamin F. Kitchens, principal, and John F. M. Kitchens and William F. Kitchens, securities, conditioned as follows: “ The condition of this recognizance is such that if the above bound Benjamin F. Kitchens shall personally appear at the next superior court to be held in and for said county of Glasscock, to be held on the third Monday in August next, to answer to such matters as shall then and there be charged…
1Opinion of the Court
McCay, Judge.
We think the court below was right in holding these securities discharged. It would be a very bad public policy to treat the bond given by the defendant before a magistrate, as *160inhibiting the judge of the superior court, either after or before indictment, from ordering the re-arrest of the defendant. These bonds are often taken without due consideration, and ought to be subject to the reconsideration of the matter by the judge. The case quoted from Texas seems at first sight very much in point, but it will be noticed that the new process was issued by the clerk. Here, after…
2Cited by8 opinions
- Hodges v. BALKCOM, WardenSupreme Court of Georgia · 1953
- Ex parte RobinsonSupreme Court of Alabama · 1895
- Russell v. StateTennessee Supreme Court · 1915
- State v. ParentSupreme Judicial Court of Maine · 1934
- Holcomb v. VandiverCourt of Appeals of Georgia · 1963
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