State v. Mudd
Supreme Court of Missouri
Appeal from Monroe Circuit Court. — Hon. David H, Eby, Judge. (1) The recognizance offered in evidence was conditioned that' defendant Lee appear and answer an information charging him with the crime of burglary. If the scire facias fulfilled the function- of a petition or first pleading its allegations would not be sustained by the proof. The variance would be fatal and the judgment could not stand.
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Appeal from Monroe Circuit Court. — Hon. David H, Eby, Judge. (1) The recognizance offered in evidence was conditioned that' defendant Lee appear and answer an information charging him with the crime of burglary. If the scire facias fulfilled the function- of a petition or first pleading its allegations would not be sustained by the proof. The variance would be fatal and the judgment could not stand. But it is said that a scire facias is not the commencement of a civil action, but simply an incident to a proceeding already in court. State v. Peyton, 32 Mo. App. 522. It need not even state the…
1Opinion of the CourtKennish, P. J.
This is an appeal from a final judgment upon a forfeited recognizance.
At the December term, 1908, of the Monroe County Circuit Court, the prosecuting attorney of said county filed in said circuit court an information charging one Harry Lee with larceny from a dwelling-house, and at the same term said Lee entered into a recognizance in the sum of five hundred dollars, with appellant as surety, conditioned that he would be and appear in said court ‘ ‘ on the 29th day of December, 1908, and on each and every day of said term thereafter, and upon each and every day of each succeeding term of this…
2Cases cited6 opinions
- State v. RandolphSupreme Court of Missouri · 1856
- State v. PostonSupreme Court of Missouri · 1876
- State v. MillsapsSupreme Court of Missouri · 1879
- State v. MurmannSupreme Court of Missouri · 1894
- State v. BoehmSupreme Court of Missouri · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. HaverstickSupreme Court of Missouri · 1959
- Rosentreter v. Clackamas CountyOregon Supreme Court · 1928
- State v. TaylorMissouri Court of Appeals · 1929