State v. Austin
Missouri Court of Appeals
Appeal from the Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. Neither the minutes of the judge nor the record show that defendant failed to appear “without sufficient cause or excuse.” Sec. 4134, R. S. 1889; Bond, J., in State v. Whitecotton, 63 Mo.
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Appeal from the Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. Neither the minutes of the judge nor the record show that defendant failed to appear “without sufficient cause or excuse.” Sec. 4134, R. S. 1889; Bond, J., in State v. Whitecotton, 63 Mo. App. 8. This case differs from that case in this, that we pleaded the failure of the court to make the entry, and introduced the record and minutes of the court to show that no such entry was made as required by the statutes, which brings it in line with the doctrine laid down by all the courts in that decision which would make the forfeiture…
1Opinion of the CourtBond, J.
Stephen Austin was indicted and convicted for larceny of a horse in the circuit court of Lincoln county.. Upon his appeal to the supreme court the judgment was reversed in the opinion delivered January 31, 1893. At the March term following in the circuit court of Lincoln county his bail was fixed *380at $300, and the eause continued. On the tenth of April, 1893, the sheriff of Lincoln county approved a bond in the sum of $300 for the appearance of the defendant at the October term off said court. This bond was filed by the clerk of said court on the same day and adjudged forfeited by the court at…
2Cases cited7 opinions
- State v. PostonSupreme Court of Missouri · 1876
- State v. MorganSupreme Court of Missouri · 1892
- State v. PeytonMissouri Court of Appeals · 1888
- State ex rel. Gibson v. LaySupreme Court of Missouri · 1895
- State v. LivingstonSupreme Court of Missouri · 1893
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