4 Ky. Op. 610
Decided December 6, 1871
Court of Appeals of Kentucky · decided 1871-12-06
<p>Indictment — Filing Away, Not Dismissal.</p> <p>Tlie mere filing away of an indictment is not a dismissal of the prosecution.</p> <p>Arrest — Bondsman May Make. '</p> <p>After an indictment is filed away the bondman of of the defendant may cause his arrest and delivery to the jailer.</p>
Decided 1871-12-06
¶1Opinion op ti-ie Court by
¶2The demurrers to the original and amended answers were properly sustained.
¶3The mere filing away of the indictment was not a dismissal of the prosecution against Young. His bondsmen might at any time thereafter arrest him and deliver him to the jailer of Garter *611county in tbe manner prescribed by tbe Criminal Code of Practice.
¶4Judgment affirmed.