Legal Opinion

State v. Randolph

Supreme Court of Missouri

Decided January 15, 1856PublishedCited by 30 opinions

Error to Callaway Circuit Court. Scire facias upon a forfeited recognizance. The recognizance was filed in the office of the clerk of the Circuit Court on the 9th of October, 1854, and was as follows : “State of Missouri — county of Callaway.- Be it remembered, that, on the 15th day of September, A. D. 1854, Robert D. Randolph and Robert Randolph, sr., of Callaway county, personally came before me, a justice of the peace within and for said county, and acknowledged…

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Error to Callaway Circuit Court. Scire facias upon a forfeited recognizance. The recognizance was filed in the office of the clerk of the Circuit Court on the 9th of October, 1854, and was as follows : “State of Missouri — county of Callaway.- Be it remembered, that, on the 15th day of September, A. D. 1854, Robert D. Randolph and Robert Randolph, sr., of Callaway county, personally came before me, a justice of the peace within and for said county, and acknowledged themselves to owe to the state of Missouri, that is to say, Robert D. Randolph, the sum of two hundred and fifty dollars, and the…

1Opinion of the CourtLeonard, Judge

In order to simplify the questions raised here, and render the solution of them more easy, we will briefly refer to the nature of a recognizance, and the usual proceedings to enforce its execution, confining what we have'to say to a recognizance taken in a criminal proceeding to secure the appearance of the accused. It is, as we all know, an acknowledgment, taken by some court or officer authorized by law .to do so, of a debt due to the State, but suspended upon the condition that the accused appear in court at the appointed time, and answer the alleged charge, and do not depart without…

2Cases cited1 opinion

  1. People v. StagerNew York Supreme Court · 1833

3Cited by30 opinions

  1. State v. WilsonSupreme Court of Missouri · 1915
  2. State v. PostonSupreme Court of Missouri · 1876
  3. State v. HoeffnerSupreme Court of Missouri · 1894
  4. Tillson v. StateSupreme Court of Kansas · 1883
  5. Kirk v. United StatesU.S. Circuit Court for the District of Northern New York · 1904

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