State v. Murmann
Supreme Court of Missouri
Appeal from St., Louis Criminal Court.—Hon. H. L. Edmunds, Judge. (1) The court should have granted a trial by jury. “The scire facias upon a recognizance is in its nature a civil1 proceeding, as distinguished from a criminal proceeding.” State v. Woerner, 33 Mo. 216. “It has been -often decided that scire facias is an action; it is also a suit.” Milsap v. Wildman, 5 Mo. 425; Wolff v. Schaeffer, 4 Mo.
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Appeal from St., Louis Criminal Court.—Hon. H. L. Edmunds, Judge. (1) The court should have granted a trial by jury. “The scire facias upon a recognizance is in its nature a civil1 proceeding, as distinguished from a criminal proceeding.” State v. Woerner, 33 Mo. 216. “It has been -often decided that scire facias is an action; it is also a suit.” Milsap v. Wildman, 5 Mo. 425; Wolff v. Schaeffer, 4 Mo. App. 367; Broten v. Railroad, 37 Mo. 299; Humphrey v. Lundy, 37 Mo. 323. (2) Scire facias upon a recognizance entered into a criminal proceeding, in no respect partakes of the original criminal…
1Opinion of the CourtGantt, P. J.
At the January term, 1893, of the St. Louis criminal court, a scire facias issued, citing appellant to show cause why execution should not be had upon a judgment of forfeiture that had been taken against him on the thirtieth day of July, 1892. The scire facias sets forth that appellant became surety in a recognizance on May 16, 1892, for the appearance of one Abrahams, conditioned that 'said Abrahams- ‘ ‘should personally appear before our St. Louis criminal court during the then present May .term, A. D. 1892, and on the first day of any further term to which the cause against him might be…
2Cases cited2 opinions
- State v. RandolphSupreme Court of Missouri · 1856
- Lawton v. StateTexas Supreme Court · 1849
3Cited by9 opinions
- State v. WilsonSupreme Court of Missouri · 1915
- Miller v. StateSupreme Court of Alabama · 1909
- State v. CharlesSupreme Court of Missouri · 1907
- Hildebrandt v. BaileyNew Jersey Superior Court Appellate Division · 1961
- State v. EpsteinSupreme Court of Missouri · 1905
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