McKie v. State

Citations

• 74 Kan. 21
• 85 P. 827
• 1906 Kan. LEXIS 3

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Appearance Bond — Forfeiture—Authority of Sheriff to Take Bail. A defendant in a felony case was bound over to the district court and in default of bail was imprisoned in the county jail under a commitment issued to the sheriff according to the provisions of section 56 of the criminal code (Gen. Stat. 1901, § 5496), upon which bail in the sum of $300 was indorsed. When the district court convened the case was continued and an order was made and entered upon the journal that the defendant enter into a recognizance in the sum of $500 for his appearance at the next term, and that in default of bail he should be committed to the county jail. The defendant remained in jail for several months, when he gave a recognizance, which the sheriff took and approved, by virtue of which he was released from custody. At the time the recognizance was given the original commitment was not in the sheriff’s possession, the increased amount of bail was not indorsed upon it, and no certified copy of the journal entry of the order of the district court had been delivered to the sheriff. Held, the defendant was in lawful custody and the sheriff was authorized to take his bail.</p>