People v. McReynolds

Defendants were sureties on a bail bond conditioned for the appearance, etc., of one R. Lee McReynolds, who had been committed by a magistrate upon a charge of grand larceny. An information was thereafter duly filed in the superior court charging said *311 R. Lee with said crime, tie appeared in said court on September 7, 1891, and was arraigned and pleaded “not guilty”; and the cause came on regularly for trial on. November 10, 1891, at 10 o’clock a. m., at which time the said R. Lee was present in court with his counsel. Thereupon on motion of the district attorney the court duly made an order that said R. Lee “be and he is hereby committed to the custody of the sheriff of Sonoma county, California, pending the trial of the above-entitled matter”; and under said order the said sheriff took said R. Lee into his custody. Afterwards the court, on motion of the district attorney, “ without the application, knowledge, or consent of said defendants,” made another order setting aside the said order committing said R. Lee to the custody of the sheriff; and under said last order the sheriff “ released and discharged from and out of his custody the said R. Lee McReynolds, and permitted…