62 Ga. 267 | Ga. | 1879
Upon a recognizance to answer for the offense of a misdemeanor, a judgment of forfeiture, nisi, was rendered in July, 1878. Scire facias issued, returnable to the next term of the court, and was served upon the bail. The bail appeared, and pleaded that they surrendered their principal to the deputy sheriff of the county on the 15th of September, 1878, in discharge of the recognizance, and that the deputy sheriff had authority to receive, and did receive, the principal into his custody. The state demurred to the plea, specially, on the ground that the deputy sheriff is not an officer to whom the surrender of a principal can be made in discharge of a recognizance, the deputy sheriff not having by law authority to receive the principal for that purpose. The court sustained the demurrer, ordered the plea stricken, and gave final judgment in favor of the state, on the scwe facias, for the amount of the recognizance and costs.
Cited for the bail, Code, §§361, 366, 4727, 4746; 17 Ga., 497; 3 Ib., 2; 15 Ib., 426; 33 Ib., 585.
Cited for the state, Code, §§4704, 4746, 4727, 4072, 4078, 4702; 41 Ga., 681.
Judgment reversed.