98 Mich. 397 | Mich. | 1894
This' is an action on a recognizance of bail entered upon by defendants, conditioned for the appearance of Louis Robb at the March term, 1892, of the Berrien' circuit court, for trial on the charge of assault with intent to murder. Verdict for the plaintiff was rendered by direction of the court, and defendants appeal.
“No action brought upon any recognizance entered into in any criminal prosecution, either to appear and answer, or to testify in any court, shall be barred or defeated, nor shall judgment thereon be arrested, by reason of any neglect or omission to note or record the default of any principal or surety at the time when such default shall happen, nor by reason of any defect in the form of the recognizance, if it sufficiently appear from the tenor thereof at what court the party or witness was bound to appear, and that the court or a magistrate before whom it was taken was authorized by law to require and take such recognizance.”
These facts sufficiently appeared in the present case.
“Any Justice of the Supreme Court, circuit court commissioner, or any judge of any (circuit) court for any -county, on application of any prisoner committed for any bailable offense, and after due notice to the prosecuting attorney for the county, may inquire into the case and admit such prisoner to bail; and any person committed for not finding sureties to recognize for him may be admitted to bail by any of the said officers.”
The language of the Court in Daniels v. People, 6 Mich. 381, is peculiarly appropriate here:
“This is not a case where a person is held to bail by the examining officer, and forced to enter into the recognizance or stand committed. Here the commissioner acts upon the application of the prisoner, who has already been committed by a magistrate. The statute declares that the commissioner, £on application of any prisoner committed for any bailable offense, may inquire into the case and admit such prisoner to bail.-’”
The report of the case does not show whether the bail fixed by the magistrate was the same as that required by the commissioner. But the power of the commissioner to inquire into the case is clearly implied. ' There certainly could be no occasion to inquire into the case, if the amount of bail fixed bjr the examining magistrate is binding upon the commissioner. The case of Townsend v. People, 14 Mich. 388, does not establish any different doctrine. In that case the respondent was under recognizance taken in open court, still in force, and it was held that prima fade there was no authority in the commissioner to take a new recognizance. But in any case where there is a general jurisdiction to let to bail, and a recognizance is accepted, if it is claimed that such a recognizance was extorted from the prisoner in violation of his right, that fact should be
“ When Mr. Robb pleaded guilty to one case against him here, I took charge of him. I went to Robb, and said to him, cYou will remain here, in the court room.' I was busy here in the court room, fixing the lights, or something of the kind; and he remained here in the court room until I got ready to go to my -supper. Then I left him with another officer. * * * I don't know whether the judge said to me to take charge of him, or whether he said to Robb that he was to remain in the custody of- the officer. I considered it my duty, at any rate.''
This occurred before supper. After supper the court sentenced Robb to pay a fine of $25. He received the sentence, and went from the court room in charge of Mr. Lister, a deputy-sheriff, to the office of the clerk, and paid his fine. It was not to exceed five minutes from the time the judge passed sentence upon him until the fine was paid. Robb was then released from custody.
No doubt. the arrest and continued detention of the principal by the State on another charge, when such- detention makes it impossible for the surety to produce the principal, must operate to discharge the surety from liability. State v. Spear, 54 Vt. 503; People v. Bartlett, 3 Hill, 570. But the mere temporary detention requiring the giv
There was no error in the proceedings below, and the judgment will be affirmed, with costs.