State v. Austin
Supreme Court of Missouri
Error to Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. (1) Neither the minutes of the judge nor the record show that “defendant failed to appear without sufficient cause or excuse.” R. S. 1889, sec. 4134; State v. Whitecotton, 63 Mo. App. 8. (2) The Supreme Court had reversed' the judgment of the lower court and decided that the indictment was bad. A grand jury had met and been discharged — no new indictment found.
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Error to Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. (1) Neither the minutes of the judge nor the record show that “defendant failed to appear without sufficient cause or excuse.” R. S. 1889, sec. 4134; State v. Whitecotton, 63 Mo. App. 8. (2) The Supreme Court had reversed' the judgment of the lower court and decided that the indictment was bad. A grand jury had met and been discharged — no new indictment found. Therefore the defendant was illegally restrained of his liberty and the sheriff had no jurisdiction to take recognizance. (3) The court erred in permitting the sheriff to be…
1Opinion of the CourtGantt, P. J.
— This is a proceeding on scire facias to enforce a forfeiture of a recognizance entered into by Stephen E. Austin as principal and Josiah Creech as surety on April 10,1893, conditioned that said Austin should be and appear before the circuit court of Lincoln county on the first day of the October term, to be begun and held at Troy, Missouri, on the second Monday in October, 1893, and not depart without leave of the court. Austin was first apprehended and taken before Justice Dryden on August 10, 1891, on a charge of stealing a horse from Dodson on August 3, 1891. He was duly committed to…
2Cases cited6 opinions
- State v. PostonSupreme Court of Missouri · 1876
- Ellis v. JonesSupreme Court of Missouri · 1873
- State ex rel. Gibson v. LaySupreme Court of Missouri · 1895
- State v. LivingstonSupreme Court of Missouri · 1893
- State v. WhitecottonMissouri Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. HaverstickSupreme Court of Missouri · 1959
- City of St. Louis v. YoungSupreme Court of Missouri · 1911
- State v. SavageSupreme Court of Missouri · 1971
- State v. GoodrichMissouri Court of Appeals · 2000
- State v. HammondSupreme Court of Missouri · 1968
6 more not listed; retrieve them via the Exa API.