Tucker v. State

Citations

• 55 Miss. 452

Syllabus

<p>1. Criminal Law. Scire facias. Must conform to recognizance.</p> <p>H., being indicted, for an assault with intent to kill and murder, entered into a recognizance to appear at the May term, 1874, “ and to attend said court from day to day, and term to term, until regularly discharged.” He failed to appear at the September term, 1876, and a judgment nisi was entered against him and his sureties. A scire facias was issued thereon, which recited that H. was “recognized to appear at the September term, 1876.” A final judgment was rendered on the scire facias. Held, that the recital in the scire facias did not sufficiently conform to the recognizance, and the judgment was erroneous.</p> <p>2. Scire ITacias. May be amended. Is both pleading and process.</p> <p>A scire facias, upon a judgment nisi rendered on a forfeited recognizance, which recites the legal eifeet of the recognizance, but does not pursue its terms, may be amended so as to conform to the recognizance. The scire facias is both a pleading and process.</p>