Legal Opinion

State v. Berger

Supreme Court of Missouri

Decided December 23, 1918PublishedCited by 1 opinion

Appeal from St Louis City Circuit Court. — Hon. Karl Kimmel, Judge. (1) The judge of the St. Louis Court of Criminal Correction, in the exercise of his powers as an examining magistrate, can take a bond for the appearance of a defendant to a day certain, and he cannot lawfully condition such bond for the appearance of the party to any future day to which the cause may be continued, or not to depart the court without leave.

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Appeal from St Louis City Circuit Court. — Hon. Karl Kimmel, Judge. (1) The judge of the St. Louis Court of Criminal Correction, in the exercise of his powers as an examining magistrate, can take a bond for the appearance of a defendant to a day certain, and he cannot lawfully condition such bond for the appearance of the party to any future day to which the cause may be continued, or not to depart the court without leave. Such conditions are nugatory and confer no power to require further appearance. Laws 1869, p. 195, sec. 7. In felonies said court does not act as a court, but merely as an…

1Opinion of the CourtWilliams, J.

This is an appeal by the surety from' a judgment rendered against him in the circuit court of the city of St.' Louis, in a proceeding by scire facias, upon a forfeited recognizance.

On May 13, 1916, the appellant, as surety, executed before the judge of the St. Louis Court of Criminal Correction, the following recognizance:

State of Missouri, 1 City of St. Louis. J

St. Louis Court of Criminal Correction.

BE IT REMEMBERED, that on this 13th day of May, in the year nineteen hundred and sixteen, personally came before me, the undersigned, Judge of the St. Louis Court of Criminal Correction, within…

2Cases cited8 opinions

  1. General Bonding & Casualty Ins. v. StateCourt of Criminal Appeals of Texas · 1913
  2. State v. GorleySupreme Court of Iowa · 1855
  3. State v. MackeySupreme Court of Missouri · 1874
  4. City of St. Louis v. YoungSupreme Court of Missouri · 1911
  5. State v. CharlesSupreme Court of Missouri · 1907

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. State v. BatsonMissouri Court of Appeals · 1989

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