State v. Fillingham
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ho». Moses N. Sale, Judge. (1) Since tbe power of tbe court to require tbe defendant to give bail for bis appearance rested solely upon the pending information, then necessarily so soon as tbe court lost its power to try him upon said information tbe bail bond given for that purpose became ineffective and without any vitality. Tbe moment tbe information was without life, the bond to answer to it was also without life.
Read the full summary
Appeal from St. Louis City Circuit Court. — Ho». Moses N. Sale, Judge. (1) Since tbe power of tbe court to require tbe defendant to give bail for bis appearance rested solely upon the pending information, then necessarily so soon as tbe court lost its power to try him upon said information tbe bail bond given for that purpose became ineffective and without any vitality. Tbe moment tbe information was without life, the bond to answer to it was also without life. It is unreasonable to say that the bond requiring the defendant to answer to an information could remain effective while the…
1Opinion of the CourtGantt, J.
On October 26, 1903, the circuit attorney of the city of St. Louis filed an information, numbered seventy-one, in the circuit court, wherein he charged Fred Fillingham with having on the 19th day of May, 1903, made a felonious assault upon one Emma Fillingham. On May 1, 1905, an alias capias was issued, and defendant was arrested, and upon the same day, with Charles Fillingham as his surety, he entered into the following recognizance:
“State of Missouri, City of Si. Louis, ss.
“Be it remembered, that on the 1st day of May, in the year nineteen hundred and five, personally came before Robert M.…
2Cases cited4 opinions
- People v. StagerNew York Supreme Court · 1833
- State v. PostonSupreme Court of Missouri · 1876
- State v. MillsapsSupreme Court of Missouri · 1879
- State v. BoehmSupreme Court of Missouri · 1904
3Cited by2 opinions
- State v. NortonSupreme Court of Missouri · 1961
- State v. NortonSupreme Court of Missouri · 1961