Court of Appeals of Kentucky, 1881

Commonwealth v. Bordus

Court of Appeals of Kentucky · Decided February 5, 1881 · Hines

11 Ky. Op. 17; 2 Ky. L. Rptr. 219; 1881 Ky. LEXIS 107

Opinion of the Court

Opinion by

Judge Hines:

Before a bail bond in such a case as this can be enforced it must appear that the .accused was legally in custody, charged with a public *18offense, and that he was discharged by reason of the giving of the bond or recognizance. Crim. Code (1876) § 85.

Payton & Hardin, for appellant.

In this case it does not appear that the accused was discharged or set at liberty by reason of giving the bond, and it is therefore unenforcible.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.