Gales v. State

Citations

• 64 Miss. 105

Syllabus

<p>CRIMINAL Law. Sail bond. Judgment on before verdict. Absence of defendant.</p> <p>Gr. was on trial for assault with intent to kill and murder. The jury came into open court and informed the judge that they were unable to agree. The district attorney then asked that G., who was on bond for his appearance and attendance, be called. G. failed to answer, and thereupon a judgment of forfeiture was entered on his bond. The jury then retired and in a few minutes brought in a verdict of guilty. The defendant was called but failed to respond, and the verdict was received in his absence. Held, that it was not error, under the circumstances, ta enter up judgment of forfeiture on the bond before verdict, nor error to receive the verdict in the absence of the defendant.</p>