Parrish v. State

Tuck, J., delivered the opinion of this court. If, under any state of things, the judge sitting for Frederick county had authority to recognize the party to appear at Carroll Circuit court, we must assume the existence of facts warranting the exercise of the jurisdiction, upon the principle “that the judgments of inferior jurisdictions will not be reversed except for errors apparent, and will be sustained by every fair legal intendment in favor of their correctness.” State, use of Beall vs. Harrison, 9 Gill & Johns, 15. In that case, a sheriff’s bond was taken to be valid, though executed after the 1st of January, because the orphans court had power to take and approve such bonds after that time, when tendered by the person returned to the executive as second on the poll, on the occurrence of a vacancy, and in the absence of an averment to the contrary, it was presumed that such a state of facts may have existed, authorizing the approval of the bond on which the suit was brought. We suppose that there can be no doubt that if this party had been brought before the court on a habeas corpus, to be discharged from alleged illegal arrest, and it had appeared that ²⁴⁶ the imputed offence was committed in. another county, he might have been recognized to appear before the court having jurisdiction of the offence.

And, so, if indicted in Frederick county Circuit court, and it had appeared on the trial that the crime was committed in Carroll county, the indictment might have been quashed for the purpose of having him indicted and tried in the last named county, and the accused recognized accordingly. Hence, this record does not necessarily present a case of excess of jurisdiction on the part of the Circuit court of Frederick county, in taking the recognizance. But conceding, which we do not, that the circuit court had not power to take the recognizance, that being a power to be exercised by the judge, can it make any difference that the recognizance was taken in open court? If the judge had left the bench and taken the recognizance, no objection could have been urged against it.

Is the