Commonwealth v. Lewis

Court of Appeals of Kentucky

Commonwealth v. Lewis

5 Ky. Op. 249, 1871 Ky. LEXIS 353

DecidedNovember 14, 1871

StatusPublished

This text of 5 Ky. Op. 249 (Commonwealth v. Lewis) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Lewis, 5 Ky. Op. 249, 1871 Ky. LEXIS 353 (Ky. Ct. App. 1871).

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Opinion

Opinion by

Judge Pryor:

The evidence as appears from the record shows that the prisoner was surrendered at the instance of the security, taken charge of by the court and placed in the custody of the sheriff. When the prisoner was placed in charge of the sheriff; all power over him by his surety ceased, and he was released from liability on his bond. It is true the record does not show that any order of court was made directing the sheriff to1 take charge of the accused, nor does the record show that it contains all the proceedings and evidence in. the case, and the presumption arises from the statement of the judge himself that then his act in releasing the surety was as provided by law. The judgment affirmed.

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Opinion by

Judge Pryor:

The evidence as appears from the record shows that the prisoner was surrendered at the instance of the security, taken charge of by the court and placed in the custody of the sheriff. When the prisoner was placed in charge of the sheriff; all power over him by his surety ceased, and he was released from liability on his bond. It is true the record does not show that any order of court was made directing the sheriff to1 take charge of the accused, nor does the record show that it contains all the proceedings and evidence in. the case, and the presumption arises from the statement of the judge himself that then his act in releasing the surety was as provided by law. The judgment affirmed.

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Bluebook (online)

5 Ky. Op. 249, 1871 Ky. LEXIS 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-lewis-kyctapp-1871.