People v. Smith

Decided October 15, 1853

California Supreme Court · decided 1853-10-15

This action was founded upon the bond of defendants, which stated that an indictment was found, on the 31st December, 1852, in the Court of Sessions of Sacramento County, charging Fanny Smith, alias Seymour, with an assault with intent to commit murder; and she having been admitted to bail in $3000, the defendants undertook that the above Fanny should appear and answer the said indictment, in whatever court it may be prosecuted ; and if she fail, that obligors would pay, &c.…

Cited by 1 later decisions — most recently August 1867

1 state decisions

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Decided 1853-10-15

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Heydenfeldt, Justice,

¶1delivered the opinion of the court. Murray, Chief Justice, concurred.

¶2The declaration in this case is too defective to support the judgment. The bond given was to appear and answer an indictment ; there is no averment that any indictment was found or pending. Une of the conditions is for her appearance in whatever court the indictment, “ may be prosecuted;” there is no averment in what court it was prosecuted, but only a loose statement that she was called in “the said Court of Sessions.”

¶3Without referring to any other defects, these pointed out are sufficient to show, that the demurrer should have been sustained.

¶4Judgment reversed, and case remanded.