State v. Bertrand

Citations

• 122 La. 856
• 48 So. 302
• 1909 La. LEXIS 616

Syllabus

<p>1. Bail (§ 49*) — Oeal Okdek to Accept — Sufficiency.</p> <p>The court of first instance fixed the amount of the bond, and thereafter the sheriff accepted a bond with surety for the amount, and released the defendants from custody.</p> <p>This was done in accordance with the practice of the court. The surety knew that he was signing a bond on which the defendants would be released. Nothing shows that the steps taken were unauthorized, and that the sheriff acted otherwise than in accordance with the court’s verbal order.</p> <p>The order to accept a bond in a criminal case may be given orally.</p> <p>[Ed. Note. — For other cases, see Bail, Dec. Dig. § 49.*]</p> <p>2. Bail (§ 66*) — Bond—Description oír OFFENSE— SUFFICIENCY.</p> <p>The bond sufficiently describes an offense known to the law.</p> <p>[Ed. Note. — For other cases, see Bail, Cent. Dig. §§ 279-283; Dec. Dig- § 66.*]</p> <p>3. Holidays (§ 6*) — Publication of Statute.</p> <p>The law was published in the official journal on the 4th of July. This is not an illegality ; it does not vitiate the bond.</p> <p>[Éd. Note — For other eases, see Holidays. Dec. Dig. § 6.*]</p> <p>4. Bail (§ 79*) — Forfeiture of Bond — Motion to Set Aside — Right to Maintain— SURETY.</p> <p>The defendants placed an amount in the hands of a surety to meet liability in case of a forfeiture of the bond.</p> <p>The surety is not exposed to a loss, and has no grounds upon which to stand.</p> <p>[Ed. Note. — For other cases, see Bail, Dec. Dig. § 79.*]</p> <p>(Syllabus by the Court.)</p>