
    Commonwealth v. Moses Rugless.
    Recognizances — Bond—Release of Surety.
    Where a party was indicted and fined and was afterward» taken into custody by the sheriff under a capias, and permitted to escape; it operated as a release of the surety on the recognizance bond.
    
      APPEAL FROM LEWIS CIRCUIT COURT.
    June 4, 1873.
    
      G. M. Thomas, for appellant.
    
   Opinion by

Judge Pryor:

The party indicted and fined was afterwards taken into custody by the sheriff under a capias and permitted to escape.

This released the surety. Judgment affirmed.

-, for appellee.  