State v. Simmons
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. J. G. Slate, Judge. (1) The amendment, nune pro tunc, to show an order of stay of execution made at a preceding term, was unauthorized. The whole record shows not the slightest memorandum upon which to base this amendment. The testimony of the clerk informing the court that the court made such an order was incompetent. The action of the court can only be proven by its record, Callier v. Railroad, 158 Mo.
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Appeal from Cooper Circuit Court. — Hon. J. G. Slate, Judge. (1) The amendment, nune pro tunc, to show an order of stay of execution made at a preceding term, was unauthorized. The whole record shows not the slightest memorandum upon which to base this amendment. The testimony of the clerk informing the court that the court made such an order was incompetent. The action of the court can only be proven by its record, Callier v. Railroad, 158 Mo. App. 259; Belkin v. Rhodes, 76 Mo. 643. The State must rely solely upon the recital in the bond itself to authorize the amendment nunc pro time. This…
1Opinion of the Court
This is a proceeding by scire facias to forfeit a recognizance given by Roy Simmons, as principal, and John H. Turley and Gus R. Schuster, as sureties.
May 19, 1919, in the Circuit Court of Cooper County, Roy Simmons was convicted of felonious assault, and his punishment assessed at one hundred dollars' fine. On the 22nd day of May the following recognizance was executed and filed with the clerk of the circuit court in the case:
"Be it Remembered, that on the 19th day of May, 1919, in the Circuit Court of Cooper County, Missouri, Roy Simmons, the principal in the within recognizance, was tried…
2Cases cited7 opinions
- State v. WilsonSupreme Court of Missouri · 1915
- State v. HoeffnerSupreme Court of Missouri · 1894
- Flint ex rel. Lumpkin v. YoungSupreme Court of Missouri · 1879
- State v. WoodwardSupreme Court of Missouri · 1901
- C. A. Burton Machinery Co. v. RuthMissouri Court of Appeals · 1917
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3Cited by2 opinions
- Morris v. StateAlabama Court of Appeals · 1950
- Nations v. BeardMissouri Court of Appeals · 1924