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5 Ky. Op. 249

Commonwealth v. Lewis

Court of Appeals of Kentucky

Decided November 14, 1871

Court of Appeals of Kentucky · decided 1871-11-14

<p>Bail — Surrender in Open Court — No Order Necessary to Relieve Sureties From Liability on Bail Bond.</p> <p>It is true the record does mot siiow that any order was made directing the sheriff to taire charge of the prisoner; the presumption arises from the acts of the judge.</p>

Decided 1871-11-14

¶1Opinion by

Judge Pryor:

¶2The evidence as appears from the record shows that the prisoner was surrendered at the instance of the security, taken charge of by the court and placed in the custody of the sheriff. When the prisoner was placed in charge of the sheriff; all power over him by his surety ceased, and he was released from liability on his bond. It is true the record does not show that any order of court was made directing the sheriff to1 take charge of the accused, nor does the record show that it contains all the proceedings and evidence in. the case, and the presumption arises from the statement of the judge himself that then his act in releasing the surety was as provided by law. The judgment affirmed.

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