39 Iowa 474 | Iowa | 1874
The petition alleges that on the 26th day of October, 1872, an information was filed charging one F. W. Oorville et al. with keeping a house of ill-fame; that a warrant was therefore issued; that on the 27th day of October, 1872, said Oorville was duly arrested; that on said day he
III. On the trial counsel for defendant offered to prove that the defendant had Corville in his personal custody, and on the day for his appearance brought him into court and delivered him to the sheriff, in the presence of the court; that
“ The defendant, to relieve himself from the obligation of the bond in question, must bring himself within the provisions of Chapter 231 of the Bevision of 1860; and if he does not bring himself within the provisions of this chapter, the testimony sought to be introduced before the court will be of no avail to him.” To this instruction defendant also excepted, and urges these rulings as error.
The statute (section 4987 of the Bevision,! provides that, “ at any time before the forfeiture of their ■ undertaking, the bail may surrender the defendant in their exoneration, or he may surrender himself to the officer to whose custody he was committed at the time of giving bail, in the following manner: 1. A certified copy of the undertaking of bail must be delivered to the officer, who shall detain the defendant in his custody thereon as upon a commitment, and must, by a certificate in writing, acknowledge the surrender. 2. Upon the undertaking and the certificate of the officer, the District Court in which the indictment is pending, or was tried, at the next term after the surrender, or if during term time, at the same term, and upon three clear days’ notice thereof to the district attorney, with a copy of the undertaking and certificate, may order the bail to be exonerated.”
No copy of the undertaking is set out in the record, in which case we will be authorized to presume that it conformed to the requirements of the statute. Section 4968 of - the
Affirmed.