Opinion
No. CR 84-141
Opinion delivered August 21, 1984
CRIMINAL LAW — BONDSMAN MAY SURRENDER DEFENDANT WITHOUT CAUSE — CONSIDERATION MUST BE RETURNED TO DEFENDANT. — The bondsman may surrender the defendant without cause pursuant to Ark. Stat. Ann. 43-716 (Repl. 1977) only if the consideration for making the bond is returned to the defendant.
Appeal from Pulaski Circuit Court, Fourth District; John Langston, Judge; Temporary Writ of Mandamus granted.
Guy Jones, Jr., for petitioner.
Steve Clark, Atty Gen., by: Theodore Holder, Asst. Atty Gen., for respondent.
Temporary Writ of Mandamus is granted. The bondsman may surrender the defendant without cause pursuant to Ark. Stat. Ann. 43-716 (Repl. 1977) only if the consideration for making the bond is returned to the defendant.
ADKISSON, C.J., PURTLE and HAYS, JJ., concur.
GEORGE ROSE SMITH, J., dissents.
I think the bondsman had an absolute right to avoid possible liability by surrendering the petitioner to the jailer. Ark. Stat. Ann. 43-716; Craig v. State, 257 Ark. 112 (1974). The petitioner might have raised the question, in the Court below, of his entitlement to a return of the money he paid the bondsman, but that question was not raised below and is not before us on a petition for a Writ of Mandamus.