Legal Opinion

State v. Moore

Missouri Court of Appeals

Decided April 30, 1894PublishedCited by 4 opinions

Appeal from the Holt Circuit Court. — Hon. Oyetjs A. Anthony, Judge. (1) The bond or recognizance is in the nature of an appeal bond and recognizance both, in its conditions, which are in conformity to the statute of 1879, section 2061, in force when the bond was executed.

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Appeal from the Holt Circuit Court. — Hon. Oyetjs A. Anthony, Judge. (1) The bond or recognizance is in the nature of an appeal bond and recognizance both, in its conditions, which are in conformity to the statute of 1879, section 2061, in force when the bond was executed. It is conditioned for the appearance of the defendant at the next term of the circuit court, and that he should not depart without leave, in which respect it is simply a recognizance or undertaking for his appearance at that, the then next, term. R. S. 1879, sec. 2064,2065. No provision is made for a forfeiture on this…

1Opinion of the CourtEllison, J.

— This appeal comes here on the forfeiture of a recognizance taken under the following circumstances: Moore was brought before a justice of the peace of Holt county duly charged with having sold intoxicating liquors without license. He was convicted and fined in the sum of $100. He appealed to the circuit court and gave bond (in the sum of $300) as required by the statute of 1879, sections 2058, 2061, the other defendants becoming his sureties. The condition of this bond was the following: “Whereas Thomas W. Moore has appealed from the verdict and judgment rendered against him for a fine…

2Cases cited4 opinions

  1. State v. MackeySupreme Court of Missouri · 1874
  2. Horn v. Excelsior Springs Co.Missouri Court of Appeals · 1893
  3. State v. BenzionSupreme Court of Iowa · 1890
  4. Ramey v. CommonwealthCourt of Appeals of Kentucky · 1886

3Cited by4 opinions

  1. State v. CharlesSupreme Court of Missouri · 1907
  2. State v. DorrWest Virginia Supreme Court · 1906
  3. People v. EberlieSupreme Court of Colorado · 1915
  4. Commonwealth v. BarnhartFranklin County Court of Quarter Sessions · 1949

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