People v. Smith

Citations

• 18 Cal. 498
• 1861 Cal. LEXIS 241

Syllabus

<p>Suit on a recognizance in tlio form prescribed in section five hundred and twenty-three Criminal Practice Act (Wood’s Dig. art. 1728). The complaint alleged substantially that G. was indicted for gaming and arrested, and that then defendants executed the recognizance which is set out; that G. appeared at the first term of the Court thereafter and plead not guilty, and case continued to next term; at which time, the case being called for trial, G. did not appear, and the defendants, though “ called,” did not produce his body; that the Court then mado an order forfeiting the recognizance, and that defendants did not produce the body of G. before the final adjournment of the Court: Held, on demurrer, that the complaint states a cause of action; that the objection that, gaming being a misdemeanor, G. could appear by attorney cannot avail, because there is nothing to show that he offered so to appear—even assuming that such matter could be here set up against the judgment of forfeiture in the Court of Sessions.</p>