Doniphan v. State

Citations

• 50 Miss. 54

Syllabus

<p>Í. Recognizance— Boreeituiie — Release.— S. was indicted for larceny, entered into recognizance witli plaintiff in error as liis surety, on the bond in May, 1873; forfeiture was taken and judgment rendered against principal and surety in 1873. The act of the legislature entitled “ an act to amend the rules of practice and procedure in criminal cases in this state,” was approved April 5, 1873, and took effect the 5th of June, 1873. Sec. 9, art. 13, const.: held, that the court erred in rendering judgment in this case. The plaintiff in error is entitled to the benefit of the act referred to, and should have been released.</p>