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23 Ark. 636

Hogan v. State

Supreme Court of Arkansas

Decided December 15, 1861

Supreme Court of Arkansas · decided 1861-12-15

<p>Scire facias on recognizance defective as in Darby vs. State; 21 ArJc. 523 (State vs. Sartain, ante.)</p>

Relies on Darby v. State

Decided 1861-12-15

Mr. Justice Compton

¶1delivered the opinion of the court.

¶2In this case, the scire facias does not show that the recognizance was entered into before the court in which the prosecution was had, or before any of the officers authorized by law to take it. The judgment by default cannot, therefore, be sustained, according to the principle decided in Darby vs. The State, 21 Ark. 523.

¶3The judgment must be reversed, and the cause remanded for further proceedings.

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