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6 Daly 409

People v. Williams

New York Court of Common Pleas

Decided April 3, 1876

New York Court of Common Pleas · decided 1876-04-03

<p>On an application to discharge a judgment entered on a forfeited recognizance,, where, after the forfeiture, the prisoner has been surrendered and stood his trial and been acquitted, certified copies of the recognizance, indictment, order of forfeiture, and record of acquittal must be furnished, together with the proofs-that the prosecution has not suffered by the delay.</p>

Decided 1876-04-03

J. F. Daly, J.

¶1The application to discharge the judgment on the forfeited recognizance must be supported by the proofs required in the cases of People v. Cary & Marsters (ante,p. 406), People v. Linkart, and other cases decided in this and previous general terms; certified copies of the recognizance, indictment,., order of forfeiture, and record of acquittal must be furnished, together with proofs that the prosecution has not suffered by the delay.

¶2The application should be denied, with leave to renew.

¶3Charles P. Daly, Oh. J., and Van Hoesen, J., concurred..

¶4Application denied.

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