State v. Stevens
Missouri Court of Appeals
Appeal from St. Louis Court of Criminal Correction.— W. L. Fitzgerald, Judge. (1) The bond was invalid for any purpose under the terms of the judgment. The bond is conditioned for the surrender of Howard in execution in the court on a day named therein, but the court had no jurisdiction over his person under the judgment and the bond was void.
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Appeal from St. Louis Court of Criminal Correction.— W. L. Fitzgerald, Judge. (1) The bond was invalid for any purpose under the terms of the judgment. The bond is conditioned for the surrender of Howard in execution in the court on a day named therein, but the court had no jurisdiction over his person under the judgment and the bond was void. (2) The defendant was wrongfully permitted to depart the court on the 9th day of March, 1907, without consent of the surety who delivered him therein on that day. State v. Moon, 57 Mo. App. 666; State y. Mackey, 55 Mo. 51.
1Opinion of the CourtGoode, J.
There is no bill of exceptions in this cause, but appellant assigns error on the record proper. Various papers contained in the roll show defendant M. A. Howard was complained of in the St. Louis Court of Criminal Correction for an offense, and was arrested under a capias on November 8, 1906. On January 7, 1907, he entered into a recognizance with appellant Stevens as security, which recited that the judge of the court of criminal correction had that day, in vacation, granted a stay of execution on a judgment rendered by said court on November 17, 1906, against said Howard for a fine of fifty…
2Cases cited4 opinions
- State v. PottsSupreme Court of Missouri · 1875
- State v. EyermannSupreme Court of Missouri · 1903
- State v. MorganSupreme Court of Missouri · 1894
- State v. AbelSupreme Court of Missouri · 1902
3Cited by1 opinion
- State v. FosterMissouri Court of Appeals · 1974