Legal Opinion

State v. Grant

Supreme Court of Missouri

Decided November 24, 1913PublishedCited by 2 opinions

Appeal from Marion Circuit Court. — Ron. William T. Ragland, Judge. (1) The sheriff had no authority or power to take or accept the recognizance, nor to fix the- amount thereof, the charge being a felony, and the prisoner being held under a commitment issued by a justice of the peace, the commitment not having specified thereon the amount of bail required.

Read the full summary

Appeal from Marion Circuit Court. — Ron. William T. Ragland, Judge. (1) The sheriff had no authority or power to take or accept the recognizance, nor to fix the- amount thereof, the charge being a felony, and the prisoner being held under a commitment issued by a justice of the peace, the commitment not having specified thereon the amount of bail required. Sec. 5126, R. S. 1909; State v. Holt, 234 Mo. 598; State v. Crosswhite, 195 Mo. 1. (2) A bond or recognizance taken in a criminal case, before an unauthorized person, has no savor of validity about it. State v. Randolph, 26 Mo. 213; State…

1Opinion of the CourtBrown, J.

By the circuit court of Marion county the defendants were adjudged to pay $500 to the plaintiff on a forfeited recognizance, from which judgment they appeal.

On July 11, 1911, one Burley Grant was arrested and brought before D. A. Brown, a justice of the peace of Marion county, charged in an information by the prosecuting attorney of said -county with a felony. Grant pleaded guilty to the charge. The justice thereupon, by an entry in bis docket, fixed the bond of said Grant at $500 for bis appearance before the circuit-court of Marion county to further answer to said information. The said…

2Cases cited9 opinions

  1. Benton County v. MorganSupreme Court of Missouri · 1901
  2. State v. CrosswhiteSupreme Court of Missouri · 1906
  3. State v. EpsteinSupreme Court of Missouri · 1905
  4. State v. WoodwardSupreme Court of Missouri · 1901
  5. Trimble v. StateIndiana Supreme Court · 1851

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. State v. WilsonSupreme Court of Missouri · 1915
  2. State v. WilsonSupreme Court of Missouri · 1915

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API