Pursley v. Commonwealth

Court of Appeals of Kentucky

Pursley v. Commonwealth

6 Ky. Op. 691

DecidedJune 3, 1873

StatusPublished

This text of 6 Ky. Op. 691 (Pursley v. Commonwealth) 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

Pursley v. Commonwealth, 6 Ky. Op. 691 (Ky. Ct. App. 1873).

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Opinion

Opinion by

Judge Peters :

It neither appears from the bond or the recognizance in this case that Dennison, for whose appearance appellant undertook, was charged with a public offense; that he was discharged therefrom by reason of the giving of.said bond. Nor has appellant stipulated therein that Dennison should appear before the court for the trial of a charge. The omission of these substantial facts is fatal to the bond under Sections 77 and 80 of the Criminal Code.

Wherefore the judgment must be reversed and the cause remanded with directions to dismiss the proceeding against appellant.

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Opinion by

Judge Peters :

It neither appears from the bond or the recognizance in this case that Dennison, for whose appearance appellant undertook, was charged with a public offense; that he was discharged therefrom by reason of the giving of.said bond. Nor has appellant stipulated therein that Dennison should appear before the court for the trial of a charge. The omission of these substantial facts is fatal to the bond under Sections 77 and 80 of the Criminal Code.

Wherefore the judgment must be reversed and the cause remanded with directions to dismiss the proceeding against appellant.

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Bluebook (online)

6 Ky. Op. 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pursley-v-commonwealth-kyctapp-1873.