Temporary Writ of Mandamus is granted. The bondsman may surrender the defendant without cause pursuant to ASA 43-716 (Repl. 1977) only if the consideration for making the bond is returned to the defendant.
ADKISSON, C.J., and PURTLE and HAYS, JJ., concur.
GEORGE ROSE SMITH, J., dissents.
GEORGE ROSE SMITH, Justice, dissenting.
I think the bondsman had an absolute right to avoid possible liability by surrendering the petitioner to the jailer...
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