Ex parte McAnally
Supreme Court of Missouri
Habeas Corpus. (1) Petitioner contends that after an appeal was granted him, amount of appeal bond by the court fixed, the appeal bond duly filed and approved as the court directed, this acted as a stay of execution pending the appeal, and that the sheriff had no authority for imprisoning him until his appeal was finally determined.
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Habeas Corpus. (1) Petitioner contends that after an appeal was granted him, amount of appeal bond by the court fixed, the appeal bond duly filed and approved as the court directed, this acted as a stay of execution pending the appeal, and that the sheriff had no authority for imprisoning him until his appeal was finally determined. Secs. 2702, 2703, 2704, E. S. 1899; In re Bauer, 112 Mo. 231. In In re Bauer this question is fully considered and the above sections construed, and it is there held that “where the circuit court admits a defendant to bail after conviction and approves his appeal…
1Opinion of the CourtValliant, J.
A writ of habeas corpus issued out of this court on the petition of S. M. McAnally, directed to the sheriff of Bollinger county, commanding him to have the body of the petitioner, whom it was alleged the sheriff unlawfully held in prison, before the judges of this court to be dealt with as might be determined.
It appears from the sheriff’s return that the petitioner was convicted of a misdemeanor in the circuit court of Bollinger county and sentenced to a fine of $300 and imprisonment for the term of four months in the county jail; that in due time he prayed an appeal from that judgment to the…
2Cases cited3 opinions
- State v. BrownSupreme Court of Missouri · 1900
- State v. ThayerSupreme Court of Missouri · 1900
- In re BauerSupreme Court of Missouri · 1892
3Cited by4 opinions
- The Homesteaders v. McCombs, Ins. Com'r.Supreme Court of Oklahoma · 1909
- Ex Parte CareySupreme Court of Missouri · 1924
- State v. ChiltonMissouri Court of Appeals · 1918
- State v. SuttonSupreme Court of Missouri · 1911