Commonwealth v. Lenhart

Citations

• 233 Pa. 526
• 82 A. 777
• 1912 Pa. LEXIS 863

Syllabus

<p>Bond — Bail bond — Appeal — Supersedeas — Condition—‘ ‘ Prosecute with effect” — Breach of condition.</p> <p>1. A stipulation in a bail bond to prosecute an appeal with effect means to prosecute with success, and when the bond stipulates distinct and independent conditions, the breach of any one condition works a forfeiture.</p> <p>■ 2. In an action against the sureties upon a bail bond filed under the ■direction of the appellate court for the purpose of making an appeal a supersedeas, and “conditioned that he will prosecute his appeal with effect and will abide by and comply with all orders and the judgment of the Superior Court in the cause” it appeared that the judgment of sentence from which the appeal was taken required the defendant “to pay the costs of prosecution, a fine of five hundred dollars to the Commonwealth and undergo imprisonment in the Western Penitentiary for a period of two years;” that on appeal this judgment was affirmed and it was ordered “that the defendant appear in the court below, there to be committed to serve that part of his sentence which had not been undergone at the time the appeal was made a supersedeas;” and that the defendant was accordingly committed to the penitentiary, but that he failed to pay either the fine imposed or the costs of prosecution. Held, that ,the condition of the bond included the payment of the fine and costs.</p> <p>3. The appellate court has the power to impose such conditions as the foregoing,' inasmuch as the making of an appeal a supersedeas is a matter of grace and not of right, and there is no statutory limitation on the conditions that may be imposed in such a bond.</p> <p>Me. Chief Justice Fell and Me. Justice Beown dissent.</p>