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9 Ala. 919

Faulk v. State

Supreme Court of Alabama

Decided June 15, 1846

Supreme Court of Alabama · decided 1846-06-15

At the spring term of the Circuit Court, holden in 1844, a judgment nisi was rendered in the cause entitled thus : “The State v. William Faulk and Gaines Faulk,” reciting, that the State came by the solicitor, and “ the defendants came not, but made default after being solemnly called; and it appearing to the court, that the said Gaines Fa^k gave bond in the sum of two hundred dollars, for his appearance at this term, to answer the charge against him in said case, with…

Decided 1846-06-15

COLLIER, C. J.

¶1The judgment nisi should indicate, not only that the principal recognizor stipulated for his appearance, to answer a charge to be exhibited, or an indictment .pending, but it should so far identify the recognizance, as to show the charge for which it stated he was to appear and answer. [Howie and Morrison, 1 Ala. Rep. 118.] If the undertaking jyas to appear and answer all charges exhibited, or to be exlffeited, we will not say that the recognizance would not be good, but where the charge is particularized, the judgment nisi should substantially describe the offence, or refer to it, that the recognizance may be identified, and the defendants in the judgment be informed what they are called on to answer. Unless the judgment nisi is thus special, it would not support the final judgment, and if the latter conformed to the recognizance, it might vary from the former. See Hall v. The State, at last term, and cases there cited.

¶2For the irregularities brought to our view by the plaintiff in error, the judgment of the Circuit Court is reversed, and the cause remanded.

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