State v. Swope
Supreme Court of Missouri
Appeal from, Jackson Criminal Court. — Hon. H. P. White,. Judge. This was a scire facias upon a recognizance. One Lewis was arrested and brought before a justice of the peace on a charge of being a fugitive from justice from the state of Iowa. His hearing was postponed and he gave the recognizance in question, with defendant, Swope, as his surety. He subsequently made default, and the recognizance was ■declared forfeited.
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Appeal from, Jackson Criminal Court. — Hon. H. P. White,. Judge. This was a scire facias upon a recognizance. One Lewis was arrested and brought before a justice of the peace on a charge of being a fugitive from justice from the state of Iowa. His hearing was postponed and he gave the recognizance in question, with defendant, Swope, as his surety. He subsequently made default, and the recognizance was ■declared forfeited. This scire facias was issued against defendant, Swope, and lie appeared and demurred to the writ. The demurrer was overruled, and final judgment entered against him, from…
1Opinion of the CourtSherwood, C. J.
1. fugitive from justice : complaint for his arrest, must show what.
The only vital question in the case before us is, as to the jurisdiction of the justice who issued the warrant, upon which Lewis was arrested, ' L brought before that officer and gave the re- ° ..... . ° cognizance which is the subject or the present proceeding. Section 5706, Revised Statutes 1879, provides that: “ Whenever any person, within this State, shall be charged on the oath or affirmation of any credible witness before any judge or justice of a court of record or a justice of the peace, with the commission of any…
2Cases cited7 opinions
- Kansas City, St. Joseph & Council Bluffs R. R. v. Campbell, Nelson & Co.Supreme Court of Missouri · 1876
- Ex parte SnyderSupreme Court of Missouri · 1876
- Bundy v. HartSupreme Court of Missouri · 1870
- United States v. HortonU.S. Circuit Court for the District of Eastern Missouri · 1873
- State v. HuffordSupreme Court of Iowa · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Melton v. StateSupreme Court of Oklahoma · 1915
- Smith v. StateNebraska Supreme Court · 1887
- State v. FlemingMissouri Court of Appeals · 1950
- State Ex Rel. Kaiser v. MillerSupreme Court of Missouri · 1926
- Harris v. HuntSupreme Court of Missouri · 1888
2 more not listed; retrieve them via the Exa API.