State v. Simpson

Citations

• 122 La. 309
• 47 So. 622
• 1908 La. LEXIS 456

Syllabus

<p>On Motion to Dismiss Appeal.</p> <p>1. Ceiminal Law (§ 1131*) — Appeal—Motion to Dismiss — Time por.</p> <p>Where, in a criminal case, within the legal delay, an appeal, suspensive and devolutive, is allowed from a judgment dismissing a rule, taken hy the surety, to set aside the forfeiture of an appearance bond, where the order makes such appeal returnable after the delay contemplated by the law where the bond is given as for a devolutive appeal, and where the transcript is lodged in this court within the delay fixed in the order, the motion to dismiss the appeal comes too late if filed more than three days after the filing of the transcript. Whether the appellant before the court has sufficient interest to enable him to stand in judgment for the purposes of the appeal can best be determined by considering the case on its merits.</p> <p>[Ed. Note. — For other cases, see Criminal Law, Dec. Dig. § 1131.*]</p> <p>On the Merits.</p> <p>2. Bail (§ 94*) — Action on Bond — Right to Review — Persons Entitled — Surety.</p> <p>Where the sheriff is unwilling to accept the surety offered (upon an appearance bond) unless the amount called for by the bond is deposited in bank to his (the surety’s) credit, and, the deposit being made, judgment is thereafter rendered against the surety, and where it appears that the sheriff looks to the surety to satisfy the bond, and it does not appear that the money in question was furnished by the accused or is still on deposit, the surety has an interest in prosecuting an appeal from the judgment so rendered against him.</p> <p>[Ed. Note. — For other cases, see Bail, Dec. Dig. § 94.*]</p> <p>3. Bail (§ 49*) — In Criminal Prosecution-Unauthorized Taking — Liability oe Surety.</p> <p>It has frequently been held by this court that bail for the appearance of a person charged with crime cannot be taken by the sheriff without an order of court therefor (the allowing of' bail and the determination of the amount being judicial acts, which must be p