State v. Zwifle
Supreme Court of Missouri
Error to Cooper Circuit Court. Scire facias upon a recognizance. The defendants pleaded mil tiel record. At the hearing,- the State offered to read in evidence a recognizance' signed by the defendants, purporting to have been taken in the Cooper county court, conditioned for the appearance of one of them at the next term of the Circuit Court, to answer such indictment as. might be preferred against him for burglary, and that he should not depart without leave.
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Error to Cooper Circuit Court. Scire facias upon a recognizance. The defendants pleaded mil tiel record. At the hearing,- the State offered to read in evidence a recognizance' signed by the defendants, purporting to have been taken in the Cooper county court, conditioned for the appearance of one of them at the next term of the Circuit Court, to answer such indictment as. might be preferred against him for burglary, and that he should not depart without leave. The only certificate to the recognizance was one signed by the clerk, without the seal of the court. The Circuit Court excluded this…
1Opinion of the CourtLeonard, Judge
We had occasion, in the case of the State v. Randolph, (see p. 474) decided at the present term, to consider somewhat at large the doctrine in reference to criminal recognizances ; and, referring to the opinion in that case, shall proceed at once to state the ground.upon which we think the present judgment must be affirmed. We then remarked that, “ at common law, the obligation (of a recognizance) was created by the mere verbal acknowledgment of the party, which the law entrusted the court *468or officer with the duty of taking, and certifying to the proper court; but our statute (R. C. 1845,…
2Cited by2 opinions
- State v. PrattSupreme Court of Missouri · 1899
- State v. KellySupreme Court of Missouri · 1928