State v. Heed
Supreme Court of Missouri
Appeal from Mercer Circuit Court. I. Neither the scire facias nor record sets up that the defendant failed to appear in said Supreme Court, or that said Supreme Court ordered him, or made an order, that he appear in the circuit court, or that the Supreme Court entered any forfeiture of the recognizance or certified the same to the circuit court. (Wagn. Stat., 1113, § 8 ; Id., 1115, §§ 18, 19, 23.) II. The recognizance does not set up any criminal charge. (1 Arch. Cr.
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Appeal from Mercer Circuit Court. I. Neither the scire facias nor record sets up that the defendant failed to appear in said Supreme Court, or that said Supreme Court ordered him, or made an order, that he appear in the circuit court, or that the Supreme Court entered any forfeiture of the recognizance or certified the same to the circuit court. (Wagn. Stat., 1113, § 8 ; Id., 1115, §§ 18, 19, 23.) II. The recognizance does not set up any criminal charge. (1 Arch. Cr. L., 195; State vs. Gibbon, 23 La. Ann.,'698;' Thomas vs. People, 13 111., 696; Nicholson vs. State, 2 Ga., '363.) The record…
1Opinion of the CourtHough, Judge
The defendant, John C. Heed, having been convicted in the Mercer circuit court of the crime of perjury, appealed to this court, and entered into a recognizance before the circuit judge in the sum of one thousand dollars, conditioned as provided in the 8th section of the 8th article of the statute in relation to criminal cases. The judgment of the circuit court was reversed by this court, and the cause was remanded to be re-tried. The defendant Heed failed to appear in the court below when his case was called for trial, and a judgment of forfeiture was taken and entered upon his recognizance,…
2Cases cited2 opinions
- State v. RandolphSupreme Court of Missouri · 1856
- State v. PottsSupreme Court of Missouri · 1875
3Cited by9 opinions
- State v. HoeffnerSupreme Court of Missouri · 1894
- Gross v. Atchison CountySupreme Court of Missouri · 1928
- State v. PeytonMissouri Court of Appeals · 1888
- State v. MorganSupreme Court of Missouri · 1894
- State v. AbelSupreme Court of Missouri · 1902
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