In re Bauer
Supreme Court of Missouri
Habeas Corpus. (1) The appeal, the giving of the appeal bond by defendant, and the approval of said bond by the court in manner and form as alleged and shown, necessarily imply a stay of execution of sentence in petitioner’s said cause and his discharge from custody, pending the appeal in this court.
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Habeas Corpus. (1) The appeal, the giving of the appeal bond by defendant, and the approval of said bond by the court in manner and form as alleged and shown, necessarily imply a stay of execution of sentence in petitioner’s said cause and his discharge from custody, pending the appeal in this court. (2) The appeal bond having been executed, filed and approved, and defendant discharged from custody pending the appeal, leaves the securities named in said bond no power to control defendant and no authority to surrender him, unless defendant breaks a condition of the bond, a thing that has not…
1Opinion of the CourtGantt, P. J.
The petitioner is confined in the state penitentiary, and has sued out a writ of habeas corpus in this court, charging that he is illegally restrained of his liberty by the warden.
The writ issued and the warden at once made return thereto. It was stipulated by both parties that the prisoner should remain in the prison in the custody of the warden, until the matter should be determined in this court.
*233It appears from the petition and return that the petitioner was sentenced by the circuit court of Dallas county at the April term, 1892, to imprisonment in the penitentiary for a term of four years…
2Cases cited2 opinions
- Toles v. . AdeeNew York Court of Appeals · 1881
- Commonwealth v. OverbyCourt of Appeals of Kentucky · 1882
3Cited by7 opinions
- Hyde v. NelsonSupreme Court of Missouri · 1921
- Beechwood v. Joplin-Pittsburg Railway Co.Missouri Court of Appeals · 1913
- Ex Parte CareySupreme Court of Missouri · 1924
- Ex parte McAnallySupreme Court of Missouri · 1906
- Kreyling v. O'ReillyMissouri Court of Appeals · 1902
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