State v. Brown
Mississippi Supreme Court
In error from the circuit court of De Soto county. Hon. P. F. Sceugg-s, Judge. argued the case and submitted a brief, in which he made the following points and cited the following authorities, viz: I. The sheriff had in his hands no process authorizing him to take the recognizance.
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In error from the circuit court of De Soto county. Hon. P. F. Sceugg-s, Judge. argued the case and submitted a brief, in which he made the following points and cited the following authorities, viz: I. The sheriff had in his hands no process authorizing him to take the recognizance. Overraker v. The State, 4 S. & M., 738; The State v. Pace, 3 Cushm., 54. 2. The sheriff is an officer of official and limited power, and a recognizance taken by him must show on its face the authority by which it was taken. Hutch. Code, 443, 1009; 4 Humph., 213, 226; 3 Cushm., 54, 607 ; 6 Wheaton, 119; 3 Grattan,…
1Opinion of the Court
Handy, J.:
This was a scire fados upon a recognizance of bail entered into by a party who was indicted for a felony, and the defendant *927in error, bis bail, taken by the sheriff of tbe county in which the indictment was fonnd. It appears that after the indictment was found, a capias was issued against the accused, which was executed ; and, that a trial was had upon which the jury could not agree, and were discharged; and the record shows that “ the sheriff was thereupon ordered by the court to admit him to bail in the sum of five hundred dollars and good security in like amount.” This order…
2Cases cited1 opinion
- Pace v. StateMississippi Supreme Court · 1872
3Cited by2 opinions
- State v. Sureties of KrohneWyoming Supreme Court · 1893
- McKie v. StateSupreme Court of Kansas · 1906