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30 Del. 151

In re Killcourse

New York Court of General Session of the Peace · decided 1918-09-30

In the matter of Thomas Killcourse, in custody on a charge of highway robbery. On motion for his discharge. Denied. Motion for the discharge of Thomas Killcourse, in custody on a charge of highway robbery.

Motion denied · Decided 1918-09-30

Heisel, J.:

¶1We think the statute is perfectly clear, and that it applies to this case; that this being the first term, the defendant may be held to bail until the next term, and must be indicted and tried at the next term or discharged. We distinguish this case from the case of In re Tomer et al., 3 Pennewill 31, 50 Atl. 268, because in that case the offense charged was a misdemeanor.

¶2ICillcourse was held in one thousand dollars bail for his appearance at the following November term.

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