113 Ga. 9 | Ga. | 1901
This case arose upon a proceeding by scire facias to forfeit a criminal recognizance given by Jerry Vaughan as principal, and Mike Vaughan as surety. The scire facias described the recognizance as reciting that it should “be void on condition that the said Jerry Vaughan make his personal appearance before the next superior court to be held for said county, to answer the offense of assault with intent to murder.” It also appeared that the “next” term of the court was the April term, and that the scire facias was issued at the succeeding October term. The surety demurred generally, and on the ground-that the recognizance described provided it should be void on condition that the principal appeared at'the “next” term, and that the scire facias was issued at a succeeding term and because of the failure of the principal to appear at such later term. The court allowed the solicitor-general to so amend the scire facias as to make this part of it read “that the said Jerry Vaughan make his personal appearance before the next superior court to be held for said county, and from day to day and from term to term of said- court, to answer,” etc. The demurrer was then, overruled. The surety then offered a plea in which he set up that the State could not forfeit the recognizance, “because the same was given to answer for the offense of ‘assault with intent to kill,’ the same being no offense known to the law of Georgia.” This plea was stricken by the court, and judgment entered up against both the principal and the surety. The latter excepted, assigning error upon the overruling of his demurrer and the allowance of the amendment to the scire facias, upon the striking of his plea, and upon the rendition of the judgment.
After the scire facias had been amended and the plea stricken, it was proper to have entered up judgment as was done.
Judgment affirmed.