Lamp v. Smith

In Lamp v. Smith, 56 Ga. 589 (1876), the surety posted a supersedeas bond so that the case would be stayed and the criminal defendant could appeal. Id. at 589. The Supreme Court of Georgia subsequently reversed the judgment below, pronouncing that the indictment was "bad." Id. Once the trial court caused the Supreme Court's judgment to be entered of record as its own, the original indictment was nolle prossed and the grand jury returned a second indictment. Id. When the defendant failed to appear to answer the charges alleged in the second indictment, the trial court ordered that the bond be forfeited. Id. On appeal from the final judgment of forfeiture, the Supreme Court reversed, reasoning that when the first bill was nol. pros'd that case was terminated, and with it ended all incidents to it, including any bond connected with it. The security on any such bond was relieved at that moment, as much as he would have been by the verdict of a jury. The new bill was a new case, for which and upon which a new recognizance should have been taken with new security. Id. at 589-590. Accordingly, Lamp stands for the proposition that when an indictment is nolle prossed, the surety's liability on a bond related to the indicted charges is automatically discharged and does not extend to a subsequent re-indictment on the same charges. See id.