43 Ind. App. 131 | Ind. Ct. App. | 1909
This was a suit upon a forfeited recognizance. The court made a special finding and stated conclusions of law thereon in accordance with which judgment was rendered against appellant for $1,000, the penalty of the bond.
The finding shows that Charles Hegwood was indicted by a grand jury of Monroe county for the crime of rape upon a child under the age of fourteen years; that a warrant was issued, and said Hegwood was arrested; that the sheriff of said county took him in custody July 8, 1905, and confined him in the county jail until July 25; that an order had theretofore been made by the Monroe Circuit Court in 1903, in the matter of fixing bail for persons charged with crime, fixing the amount of bail in charges of misdemeanors at from $100 to $300, and on charges of felony at from $500 to $1,000; that on July 25 appellant and said Hegwood executed the bond in suit in the penal sum of $1,000, conditioned upon the appearance of said Hegwood at the next term of court, and from day to day to answer to said charge; that the same was tendered to and accepted by the sheriff, and said Hegwood was released from custody; that a judgment of forfeiture was rendered on November 14, 1905, as shown by a nunc pro tunc entry made in May, 1906; that the sheriff approved and accepted said bond, and filed the same with the clerk of the Monroe Circuit Court; that the consideration therefor was the release of Hegwood from jail until the trial; that the indictment against Hegwood is still pending; that on November 14, 1905, the cause was
Judgment affirmed.