State v. Bertrand

Citations

• 123 La. 575
• 49 So. 199
• 1909 La. LEXIS 745

Syllabus

<p>1. Forfeiture of Bail Bond.</p> <p>The bond was forfeited. The judgment was signed.</p> <p>2. Failure to Appear.</p> <p>The principal failed to appear and respond to the accusation as required by the conditions of the bond.</p> <p>3. Failure of Surety to Produce Principal.</p> <p>The surety did not produce in court the body of his principal within the time required by the statute in such cases, and made no showing relieving him from that responsibility.</p> <p>4. Order to Show Cause.</p> <p>The surety took a rule on the district attorney to show cause why the judgment of forfeiture should not be declared satisfied.</p> <p>3. Bail (§ 79*) — In Criminal Prosecutions— Relief from Forfeiture — Surrender of Principal — Time.</p> <p>The court on this objection of the state declined to admit any evidence on the trial of the rule trenching on the judgment of forfeiture on the ground that the judgment rendered was final, and that issues embraced in that judgment could not be reopened after the statutory time within which to make such a motion had elapsed.</p> <p>[Ed. Note. — For other cases, see Bail, Dec. Dig. § 79.*]</p> <p>6. No Trial of Principal.</p> <p>The principal had not been timely tried.</p> <p>7. Appeal and Error (§ 1195*) — Law of the Case.</p> <p>His appeal presented no ground upon which it was possible to set aside the forfeiture of the bond.</p> <p>There must be an end to litigation as well in matter of bonds taken in criminal cases as in other cases.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 46G1-46G5; Dec. Dig. § 1195.*]</p> <p>(Syllabus by the Court.)</p>