112 Iowa 5 | Iowa | 1900
The bond contained the usual conditions "to appear and answer the indictment, and abide the orders and judgment of the court, and not depart without leave of same.” This undertaking is a continuing one, and can only bo discharged by the surrender of the accused as' provided by statute (Code, sections 5528, 5529), or by obtaining leave of court for the accused to depart. State v. Brown, 16 Iowa, 314. There is no pretense that Houser surrendered the defendant to the sheriff in accordance with the statute, and no claim that the court directly discharged him. It is said, however, that what occurred at the time judgment was pronounced amounted to a discharge by the court. The record discloses the following facts: Judge Remley, who held the term of court at which Zimmerman pleaded guilty, fixed a day for sentencing all who had been convicted of crime. All the prisoners who were not out on bond were brought into the court room by the sheriff, and were seated on the west side of the room, with the sheriff standing near them. Those who were out on bond were in another part of the room. They were first sentenced, and the judge said to the sheriff that he wished him to take charge of them as soon as sentenced. Zimmerman was present, and, as soon as sentenced, went over, and took his seat with the prisoners who were not out on bond. The sheriff knew that Zimmerman was