Legal Opinion

State v. Cone

Supreme Court of Georgia

Decided June 15, 1861PublishedCited by 1 opinion

Scire facias on forfeited recognizance, in Olay Superior Court, and decision thereon by Judge Perkins, at September Term, 1860. The question presented by the recoi’d in this case arises out of the state of-facts following, to-wit: At the March Term, 1857, of Clay Superior Court, a bill of indictment, for the crime of perjury, was found and filed against Benjamin Cone.

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Scire facias on forfeited recognizance, in Olay Superior Court, and decision thereon by Judge Perkins, at September Term, 1860. The question presented by the recoi’d in this case arises out of the state of-facts following, to-wit: At the March Term, 1857, of Clay Superior Court, a bill of indictment, for the crime of perjury, was found and filed against Benjamin Cone. Being arrested under a bench warrant, Cone entered into a recognizance to appear and answer said offence, William Sutton, Lewis Paulin and B. F. Burnett entering themselves as his sureties. At March Term, 1860, the defendant…

1Opinion of the Court

By the Court.

JeStkins, J.,

delivering the opinion.

The sole question presented in this record is, does the death of the principal in a recognizance to appear and answer a criminal proseeutionj occurring after the forfeiture of the recognizance, but before judgment thereon, exonerate the security ?

It is conceded, that if the security, bring in his principal alive, and surrender him before judgment, he is exonerated. Then, suppose he bring in the dead body of his principal, at like time, shall he be held liable because life is extinct ? He undertook only to bring in the body—he did not insure the…

2Cited by1 opinion

  1. State v. LeoSupreme Judicial Court of Maine · 1930

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