Appeal from the Circuit Court of Macon county; the Hon. MARTIN
E. MORTHLAND, Judge, presiding. Affirmed.
JUDGE ROETH DELIVERED THE OPINION OF THE COURT.
Rehearing denied February 5, 1957.
These two cases are before this court after being consolidated for purposes of appeal. They involve identical questions upon identical sets of facts. All references in this opinion to one case likewise apply to the other. Because counsel for plaintiff-appellee deemed it necessary to file a supplemental abstract and therein claimed certain inaccuracies and omissions in appellant's original abstract, we have examined the original records filed herein.
From those original records it appears that on April 14, 1955, in Case No. 13865 and Case No. 13866 of the Circuit Court of Macon County, Walter A. Clinnin was indicted in the first case, for forgery of the signature of a public officer and in the second case, for forgery. Bail was fixed at $2,000 in each case and a capias was issued in each case. These capiases were served on May 9, 1955. From the report of proceedings it appears that the defendant was present in open court on that day with his attorney and entered into a personal open court recognizance without security, it appearing that he was already on bond with security under two prior indictments.
Subsequently, on July 1, 1955 Clinnin again appeared in open court and leave was granted to his counsel to withdraw and the Public Defender was named to represent him. Thereupon the court informed him that security on the bonds would have to be furnished and the following colloquy took place between the defendant, the court, appellant Charles Cohn and the special states attorney:
"Defendant: I have a bondsman here.
The court: Have him come forward. Is this satisfactory, Mr. Rosenberg?
Mr. Rosenberg: He qualified on the previous case, and as I understand is a licensed bondsman.
Bondsman (Charles Cohn:) Yes sir.
The court: This is Charles Cohn?
Mr. Rosenberg: Yes, this is the same gentleman.
The court: Is this satisfactory?
Mr. Rosenberg: Yes sir. It appears to be in effect until August 1st, 1955.
The Court: As I see it, the obligation on this bond continues whether they get ...