¶1The defendant was committed to jail by a committing magistrate, on a charge of burglary. The offense was and is bailable; but the magistrate failed to indorse on the warrant of commitment the amount of bail required. Code of 1876, § 4684. Without this indorsement, the sheriff was without authority to take the bail-bond; and under all our decisions, no valid judgment can be rendered on such foríeitéd bond. — 1 Brick. Dig. 206, § 106; Antonez v. The State, 26 Ala. 81; Nat Gray v. The State, 43 Ala. 41. See, also, Callaban v. The State, 60 Ala. 65, and authorities there cited. The language of this court, in the case of Antonez v. The State, is very strong; and following that and the other decisions of this court, the judgment of the Circuit Court is reversed, and this court, proceeding to render the judgment which the court below should have rendered, orders that said judgment be reversed and annulled. The cause will not be remanded.
63 Ala. 195
Evans v. State
Decided December 15, 1879
Supreme Court of Alabama · decided 1879-12-15
Tried before the Hon. John Henderson. The record in this case shows that, on a preliminary examination before a justice of the peace of said county of Cullman, Josiah Evans, charged with burglary, was committed to the custody of the jailor; the order of commitment directing the jailor to “detain him until he is legally discharged.” There being no jail in said county, the prisoner was committed to the custody of the sheriff of Blount county; and that officer admitted him to…
Cited by 1 later decisions — most recently January 1915
1 state decisions
Relies on Gray v. State · Callahan v. State · Antonez v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1879-12-15
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