
    Commonwealth v. W. K. Perry et al.
    Criminal Law — Empaneling Jury — Dismissing Indictment — Bondman Released.
    A trial is begun when the jury is empaneled, and if the indictment is dismissed and resubmitted to the grand jury, the surety on the appearance bond is thereby released.
    APPEAL FROM BUTLER ' CIRCUIT COURT.
    December 7, 1871.
   Opinion of the Court by

Judge Lindsay:

On tbe second day of tbe November term, 1870, of tbe Butler circuit court, tbe accused appeared in court in pursuance to bis bond. Whereupon bis sureties, tbe appellees, in open court agreed to stand responsible on tbeir bond during tbe trial then about to begin. A jury was empanelled and tbe trial progressed. Finally tbe indictment was dismissed, and tbe case resubmitted to tbe grand jury. Tbis was a termination of tbe trial, and witb it tbe liability of tbe appellees ceased. They were not responsible for tbe future conduct of tbe accused.

Judgment affirmed.  