People v. Penniman

Citations

• 37 Cal. 271

Syllabus

<p>Right of Discharge from Arrest made under Bench Warrant.—A party whc has been indicted for a bailable offense, and is under arrest on a bench warrant, on which an order is indorsed directing the accused to be admitted to bail in a specified sum, is entitled to a discharge from such arrest upon the execution of a written recognizance, in proper form and in the prescribed sum, by two sureties who have justified as to qualifications before a magistrate, as prescribed in sections five hundred and seventeen, five hundred and eighteen, and five hundred and nineteen of the Criminal Practice Act. ' For this purpose, no indorsement of approval on the recognizance is necessary.</p> <p>Idem—When Liability of Sureties Attaches.—The responsibility of sureties to such recognizance attaches the moment the party is so released, and then liability is fixed by a breach of its conditions and a forfeiture declared and entered by the proper Court. The justification forms no part of the contract of the sureties to such recognizance, and in no manner affects their liability.</p>