Cooper v. Rivers

Citations

• 95 Miss. 423
• 48 So. 1024

Syllabus

<p>1. Sheriffs and Constables. Deposit of money in lieu of bail. Unlawful. Officer becomes special bail. Code 1906, § 1464.</p> <p>It is unlawful for a sheriff, having arrested a person charged with crime, to allow him to go at large upon the deposit of money in lieu of an appearance bond; and if such deposit be accepted the officer becomes special bail for the accused, under Code 1906, § 1464, providing for taking of bail and that an officer neglecting his duty in that regard shall stand as special bail.</p> <p>2. Bail. Invalid deposit of funds. No recovery. Parties in pari delicto.</p> <p>One who deposits money in lieu of an appearance bond and thereby secures the release of a prisoner is in pari delicto with the officer accepting it, and cannot recover the funds where the accused fails to appear and the officer, recognizing that he became special bail, paid the money into court to abide the demands of the state.</p>