141 P. 575 | Ariz. | 1914
On the preliminary examination of one William Blake, charged with a publie offense, a justice of the peace of one of the precincts in Greenlee county, sitting as a
It is urged that the action should have been brought in the name of the state of Arizona. The disposition of fines and forfeitures is directed by the law, and the amount to be recovered in this action must be paid into the county treasury of Greenlee county. Section 1430, Ariz. Pen. Code 1913. The county attorney is authorized to bring the action. Section 1215, Ariz. Pen. Code 1913. The county being the real party in interest, the action is properly brought in the’name of the county. People v. De Pelanconi, 63 Cal. 409; Malheur County v. Carter, 52 Or. 619, 98 Pac. 489.
It is said that the complaint is objectionable because the facts showing the jurisdiction of the magistrate to make the order holding the said Blake to answer are not pleaded. That the undertaking is also insufficient for the reason that it was not executed by the person held to answer, to wit, the said Blake. There is no merit in either contention. Thomas v. Territory, 10 Ariz. 180, 85 Pac. 1063. While the sufficiency of this undertaking is to be tested by the laws in force at the date of its execution, and under those laws the person held to answer after a preliminary examination was not required to join as principal in the undertaking to appear and answer, the Penal Code of Arizona 1913 makes provision that such person shall join as principal in the execution of such under
By a clerical misprision the name of the defendant Blake was left blank in a preliminary recital of the undertaking. But these appellants in the written undertaking do recite that the above-named "William Blake will appear and answer, etc. In this respect there is no uncertainty, and, if Blake’s name had been inserted in the blank, it would not have made the conditions of the undertaking more definite.
There is no reversible error, and the judgment and order stand affirmed.
CUNNINGHAM and EOSS, JJ., concur.
NOTE.—As to the effect of the delivery of a bail bond unsigned by principal obligor, see note in 12 L. ft. A. (N. S.) 1118.