
    Commonwealth v. Wesley Bordus et al.
    [Abstract Kentucky Law Reporter, Vol. 2-219, as Commonwealth v. Borgus.]
    Enforcement of Bail Bond.
    Before a bail bond can be enforced it must be shown that the accused was legally in custody, charged with a public offense, and that he was discharged by reason of the giving of the recognizance or bond.
    APPEAL FROM WARREN CIRCUIT COURT.
    February 5, 1881.
   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 offense, 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.  