Mix v. the People
| Citation | 16 Peck 32,26 Ill. 32,1861 WL 4080 |
| Parties | HENRY A. MIX, Appellant,v.THE PEOPLE, Appellees. |
| Decision Date | 30 April 1861 |
| Court | Supreme Court of Illinois |
26 Ill. 32
1861 WL 4080 (Ill.)
16 Peck (IL) 32
HENRY A. MIX, Appellant,
v.
THE PEOPLE, Appellees.
Supreme Court of Illinois.
April Term, 1861.
1. No matter in what way a prisoner appears before a judge of the circuit court, his offense may be inquired into, and a recognizance given by himself and sureties will be obligatory.
2. It is no answer to the scire facias, upon a recognizance, to say that the prisoner was in confinement in another county, upon a different charge. The law provides a way for producing a prisoner so situated.
THIS scire facias alleges, that on September 30, 1858, A. B. Fuller being confined in jail of Ogle county, under an indictment for passing counterfeit money, found at June term, 1858, of Ogle circuit court, filed in said court June 12, 1858, Fuller and Mix, on the 13th day of September, 1858, appeared before J. V. Eustice, judge of the 22d circuit, and executed a recognizance as follows:
“STATE OF ILLINOIS-- 22d Judicial Circuit.
Be it remembered, that on the 13th day of September, A. D. eighteen hundred and fifty-eight, Azariah B. Fuller and Henry A. Mix, personally came before J. V. Eustice, judge of the twenty-second circuit of said state, and severally and respectively acknowledged themselves to owe and be indebted to the people of the state of Illinois, in the sum of five hundred dollars, to be levied of their respective goods and chattels, lands and tenements to the use of said people, if default shall be made in the condition following, to wit: The condition of this recognizance is such, that if the said Azariah B. Fuller shall personally be and appear before the circuit court of the county of Ogle, on the first day of the next term thereof, to be holden at the court house, in the town of Oregon, to answer to an indictment preferred against him by the grand jury of said county, for the crime of passing counterfeit money, and do and receive what shall by the said court be then and there enjoined upon him, and shall not depart the court without leave, then this recognizance to be void, otherwise to be and remain in full force and virtue.
In testimony whereof, they have hereunto set their hands and seals the day and year first above written.
+---------------------------+
¦AZARIAH B. FULLER. ¦[SEAL.]¦
+-------------------+-------¦
¦H. A. MIX.” ¦[SEAL.]¦
+---------------------------+
Also alleges, that Eustice had authority to take and approve the recognizance; that the recognizance was filed in said circuit court...
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