State v. Nelson
Supreme Court of Missouri
Appeal from St. Clair Circuit Court. I. The recognizance is void and the demurrer was properly sustained. The indictment was for a felony and was pending in the St. Clair circuit court, and a justice of the county court of Dallas county had no right to let the prisoner to bail. (State v. Ramsey, 23 Mo. 327.)
1Opinion of the CourtRichardson, Judge
The defendant Nelson was indicted in the circuit court of St. Charles county for a felonious assault. The writ was issued to the sheriff of Dallas county, where the defendant *14was arrested and let to bail by a justice of the county court of the latter county.
A recognizance is void if not taken by a competent court or officer ; (26 Mo. 213 ;) and the only question in this case is whether a justice of the county court can let to bail a defendant indicted for a bailable offence unless the indictment is pending in his county. The statute provides (R. C. 1855, p. 1179, § 33) that “where the…
2Cases cited1 opinion
- State v. RandolphSupreme Court of Missouri · 1858
3Cited by7 opinions
- United States v. HudsonDistrict Court, W.D. Arkansas · 1894
- State v. CrosswhiteSupreme Court of Missouri · 1906
- State v. CaldwellSupreme Court of Missouri · 1894
- Territory of Oklahoma Ex Rel. Thacker v. WoodringSupreme Court of Oklahoma · 1905
- State v. McElhaneyMissouri Court of Appeals · 1886
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