16 Ind. App. 137 | Ind. Ct. App. | 1896
This was an action brought in the name of the State against the appellees upon a recognizance bond.
When the indictment was quashed and the defendant discharged, the recognizance bond was canceled and became inoperative and void. The filing of the affidavit and information was the commencement of a new action, requiring the rearrest of the accused. By the quashing of the indictment the charge against the defendant was withdrawn, and the court having discharged the accused, no subsequent proceeding on the part of the State by making a new charge could rehabilitate and make effective the recognizance bond which was canceled and became inoperative and void when the prisoner was discharged.
The assumption of appellant’s counsel that the
The facts alleged in the cross-complaint, if true, were sufficient to entitle the appellees to the relief prayed for.
The judgment of the court below is affirmed.