Opinion by
Judge Hines:Before a bail bond in such a case as this can be enforced it must appear that the .accused was legally in custody, charged with a public *18offense, and that he was discharged by reason of the giving of the bond or recognizance. Crim. Code (1876) § 85.
Payton & Hardin, for appellant.In this case it does not appear that the accused was discharged or set at liberty by reason of giving the bond, and it is therefore unenforcible.
Judgment affirmed.