Commonwealth v. Bordus

Decided February 5, 1881

Court of Appeals of Kentucky · decided 1881-02-05

<p>Enforcement of Bail Bond.</p> <p>Before a bail bond can be enforced it must be shown that the accused was legally in custody, charged with a public offense, and that he was discharged by reason of the giving of the recognizance or bond.</p>

Decided 1881-02-05

¶1Opinion by

Judge Hines:

¶2Before a bail bond in such a case as this can be enforced it must appear that the .accused was legally in custody, charged with a public *18offense, and that he was discharged by reason of the giving of the bond or recognizance. Crim. Code (1876) § 85.

Payton & Hardin, for appellant.

¶3In this case it does not appear that the accused was discharged or set at liberty by reason of giving the bond, and it is therefore unenforcible.

¶4Judgment affirmed.