| 22 Ky.L.Rptr. 228 |
|---|
| Court of Appeals of Kentucky. |
| FRANCE v. COMMONWEALTH. |
| ACTION: Judgment affirmed. |
HAZELRIGG, J. From a judgment against them as sureties for the sum of $500 on a forfeited bail bond or recognizance for the appearance of one William France, the appellants have appealed, insisting that the bail bond and order of recognizance described the offense against their principal only as "breaking an out house and stealing therefrom," whereas the offense denounced by the statute is the felonious breaking "any out house belonging to or used with a dwelling house." We regard this description as sufficient. It indicates in a general way the nature of the charge, and under the uniform practice in such cases, as well as under the authorities, this is all that is required. We think the record sufficiently shows that the accused, William France, was legally in custody, charged with a public offense, and was discharged by the giving of the bond or recognizance. |
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