Commonwealth v. Gove

This is an action upon a recognizance given by the defendant as surety for one Corbett, after the latter had been convicted of rape in the Superior Court for the transaction of criminal business in the county of Suffolk. The court adjourned at about half past eleven in the morning on Saturday, May 11, until the following Monday, and the recognizance was taken by a commissioner at about two in the afternoon of the same Saturday. By the Pub. Sts. c. 212, § 48, after a conviction in that court, “the prisoner shall not be admitted to bail, except in open court; provided, that, when said court is…