State v. Woolery
Supreme Court of Missouri
Error to Andrew Circuit Court. I. The Circuit Court of Andrew county erred in overruling the demurrer of defendant to' the scire facias in this case, and in giving judgment on the same, for the reason that the indictment against the defendant Woolery (at the time the bond upon which scire facias was issued) was taken.by a justice of the County Court of Buchanan county upon an indictment pending in the Circuit Court of Andrew county.
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Error to Andrew Circuit Court. I. The Circuit Court of Andrew county erred in overruling the demurrer of defendant to' the scire facias in this case, and in giving judgment on the same, for the reason that the indictment against the defendant Woolery (at the time the bond upon which scire facias was issued) was taken.by a justice of the County Court of Buchanan county upon an indictment pending in the Circuit Court of Andrew county. The justice of the County Court of Buchanan county had no legal authority to let to bail a person indicted, unless the indictment was pending in the county of…
1Opinion of the CourtFagg, Judge
The main question in this case arises upon the following state of facts as shown by the record. John Woolery, one of the plaintiffs in error, was indicted by the grand jury of Buchanan county for the crime of murder in the first degree. Upon his application to the Circuit Court, a change of venue was awarded to the Circuit Court of Andrew county. Previous to the filing of the transcript in the latter county, and the removal of the prisoner, he was admitted to bail by one of the county justices of Buchanan county, and a bond in the sum of $2,500 was duly executed by him as principal, and John…
2Cited by7 opinions
- State ex rel. Aull v. FieldSupreme Court of Missouri · 1892
- State ex rel. Gazzalo v. HudsonMissouri Court of Appeals · 1882
- Goldie Construction Co. v. Rich Construction Co.Missouri Court of Appeals · 1905
- State v. FergusonSupreme Court of Missouri · 1872
- Merchants Savings & Loan Ass'n v. Ancona Realty Co.Missouri Court of Appeals · 1935
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