47 Iowa 112 | Iowa | 1877
TTT. It is claimed that the bonds do not substantially conform to the provisions of the statute, and that they were not binding upon the defendants as statutory bonds. It is conceded that they are in conformity .with the form prescribed for bail upon indictment before conviction (section 4585 of the Code) except that the words “ now pending on change of venue in District Court of Dallas county” are added. The recital of this fact in the bond does not affect its validity. Section 4385 of the Code requires that when any prosecution has been transferred to another county, the person charged with committing the offense shall be required to appear at the next succeeding term of the District Court to which the prosecution is transferred, and shall give bond accordingly.' It is claimed the bonds do not fill the requirements of the section in two particulars: 1. They do not fix the time at which the defendant shall appear. ' 2. They require the defendant to “ abide the orders and judgments of said court, and not depart, without leave of the same,” which the statute does not. require. But one form of bond before conviction is given. The terms of that are prescribed in section 4585. The bonds in question are in substantial compliance with the provisions of that .section.
Till. One of the bonds omits the words “ now pending on change of venue in District Court of Dallas county.” It was claimed that the other three bonds were not taken pursuant to the statute, because they contained these words; and now it is claimed, in effect, that this bond does not bind the obligors for the appearance of J. B. Merrihew in Dallas District Court, because of the omission of .these words, or others of similar import. It is claimed that the bond is for the appearance of the accused in Polk county, where no cause was pending. It is conceded that, when considered in connection with the balance of the petition, it was taken after the venue had been "changed to Dallas county. Being so taken, and being in all respects as provided in Section 4585, we must construe it as an undertaking that the accused shall appear in the county where the bond was accepted, and where tk$ indictment was then pending for trial. The judgments in all the cases are
Affirmed.